What is a medical malpractice case?

by John D. Holschuh Jr., Lawyer Referral Service Panelist

Any claim brought against a health care provider asserting the provider was negligent in his/her care and treatment is a “medical malpractice” case. The issue in every malpractice case is whether the problem or injury is a complication or known risk from the procedure—something which can happen in the best of hands and is not considered malpractice and therefore not pursuable—or is what happened a result from a deviation from the standard of care, in which case it is pursuable.

The person bringing the suit, the plaintiff, must prove that the health care provider “deviated from the standard of care” resulting in harm/injury to the plaintiff. In other words, that the health care provider did some act or failed to do some act that any reasonably competent practitioner, under like or similar circumstances, would or would not have done, thus injuring the plaintiff.

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