Definition Of Medical Malpractice

Do you think that you have been a victim of medical malpractice? Are you looking for more information on medical malpractice? Then, this post is just for you as it looks at the definition of medical malpractice and what it entails. Despite the numerous advancements in the field of medicine, medical malpractice is still more common than one might think. Hence, if anyone believes that they have been a victim of medical malpractice, then, it would be in their best interests to hire a medical malpractice attorney such as one from Cummings Law.

What Is Medical Malpractice?

In the simplest of words, medical malpractice is where a healthcare provider or professional neglects to provide a patient with appropriate treatment, offers substandard treatment which causes death, injury, or harm to the patient. The negligence or malpractice typically involves medical error which might be due to aftercare, treatment, health management, medication dosage, or diagnosis. However, when it comes to medical malpractice law, patients are afforded the possibility of recovering compensation because of the harm caused by the substandard treatment.

According to various studies in the United States, it has been revealed that there are anywhere from 14,000 to 20,000 medical malpractice suits that are filed against doctors each year and the number seems to be increasing. Thus, it is crucial to consider hiring a Hawaii medical malpractice attorney. Keep in mind that the regulations and standards for medical malpractice vary from state to state.

Malpractice Lawsuit

An omission, negligence, or error often leads to a malpractice law suit against the doctor, health care professional, or hospital as they are expected to meet the standard of care. However, the healthcare expert is not responsible for all types of harms experienced by the patient. But, the professional is legally responsible in case the patient suffers from injury or harm caused by them. Quality care is expected from health providers and a deviation from the standard will cause malpractice.

Factors To Consider For Medical Malpractice

There are certain factors which should be considered to determine medical malpractice. These are mentioned below.

  1. Failure To Meet Standard

Health care professionals are required by law to meet certain standards and a failure to follow such standards would lead to an accusation of negligence.

  1. Injury Due To Negligence

If the patient feels that the healthcare professional was negligent with them, but no injury or harm has occurred, they cannot make a claim. It is crucial for the patient to prove that negligence caused harm or injury and without negligence, such harm or injury would have never occurred.

  1. Injury Causes Damaging Consequences

In addition to the above, the patient should prove that the harm or injury caused by the negligence on part of the medical practitioner resulted in damaging consequences such as disability, significant loss in income, frequent pain, enduring hardship, and suffering.


Medical malpractice is an unfortunate situation. It is vital that you seek justice for your suffering. Thus, you should consider hiring a medical malpractice attorney.


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