What Constitutes Medical Malpractice and How to Proceed Your Case

Aug 17, 2023

If you go to a hospital, you expect to be cared for by medical professionals. Unfortunately, several things can go wrong and leave you or a loved one in a terrible situation. Medical malpractice is a complex area of law and there are many things that constitute this action.

Still, generally, it involves a healthcare provider's medical negligence that causes injury or harm to a patient. Let's explore what qualifies as medical malpractice and how to proceed with a lawsuit.

How Is Medical Malpractice Determined?

There are several factors to consider when determining what constitutes malpractice by a doctor. Medical professionals must fulfill their duty to provide care and adhere to industry standards by taking the necessary steps. The specifics of each case determine whether it falls under medical malpractice. There is no general rule that applies to what constitutes medical malpractice, as each one is unique to the patient involved.

Some cases can involve a doctor who fails to make a proper diagnosis based on information presented. Healthcare professionals might not adhere to industry procedures during treatment and come to the wrong conclusion. Sometimes, a doctor might treat a broken arm but fail to notice a fractured elbow and respond appropriately.

These are some instances that can be considered as medical malpractice, such as:

  • misdiagnosis/failure to diagnose a condition

  • major and minor surgical errors

  • medication mistakes (contraindicated drugs)

  • birth injuries

What Constitutes a Medical Malpractice Lawsuit?

Medical malpractice lawsuits occur when healthcare professionals fail to meet the accepted standard of care, resulting in harm to patients. Medical malpractice lawsuits are often complicated, so legal professionals must determine:

  • ​​if it was the healthcare provider's duty to treat you

  • if there was a breach in their duty or failure to adhere to the standard of care

  • if the breach of duty caused harm or injury to the patient

When determining if a case constitutes medical malpractice, there will be a review of medical records, expert opinions, and testimonies. This research will determine if there was a breach of duty in medical treatment. Legal teams dealing with medical malpractice cases commonly depend on medical experts to assess the relevant standard of care. They also help to establish whether it was violated and caused medical errors.

Proving negligence alone is not enough to make a successful claim. The plaintiff needs to go further and demonstrate that the negligence resulted in measurable damages. The nature of the damages suffered by the patient can vary. This includes:

  • physical harm, pain, and suffering

  • medical expenses

  • emotional and mental distress

  • loss of income

The damages from what constitutes medical malpractice aren't always personal injury or physical harm. It can be the death of a loved one who you are still grieving or extreme emotional distress.

How Do You Proceed with a Medical Malpractice Lawsuit?

If you decide to move forward with legal action, you need a team with medical malpractice experience. The statute of limitations for a medical malpractice lawsuit in Kentucky is only one year. The sooner you reach out, the better your outcome may be.

Developing medical malpractice lawsuits is a time-consuming process. After you experience medical malpractice, you are left to deal with the fallout. You may be grieving a loved one or handling emotional distress. As experienced medical malpractice attorneys, we can manage these cases during this period.

If you have suffered from a doctor's negligence, schedule a consultation with the best medical malpractice lawyers today.