What is considered medical negligence?

Asked almost 2 years ago - Dothan, AL

When is it considered medical negligence? Does something bad has to happen on mistakes of hospital or doctor before it is considered negligence?

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Attorney answers (3)

  1. Mark Christopher Wolfe

    Pro

    Contributor Level 13

    Answered . The other attorneys have provided you with good information. I am attaching a link to our law firm's publication concerning medical malpractice claims in Alabama. Remember the laws on medical malpractice vary from State to State. I hope this is helpful and responsive to your inquiry. (you may want to consider adding our web site to your favorites page in that we provide numerous articles, information and links for consumers and injury victims.)

  2. Robert Don Fink

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Medical malpractice occurs when a doctor’s treatment falls below the accepted standard of care, a patient is injured and the injury is caused by the doctor’s substandard care. If you think that you or someone you know is the victim of medical malpractice, contact a local medical malpractice lawyer right away because the time to bring these cases is limited.

    This response is not intended to act as legal advice. I am not licensed to practice law in any state other than... more
  3. Marc Edward Stewart

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Bad things happen in medicine all the time. People die in hospitals a lot, more than anywhere else. Just because something bad happens doesn't mean malpractice occurred.

    The measuring stick for negligence is whether the medical provider failed to comply with the "standard of care." Not all standards of care are written down in a big book; also, they evolve over time. Depending on the specific situation you have, it just depends on the facts and what the rest of the medical community would define as the appropriate standard of care.

    Example: you have a bacterial infection. The standard of care is to prescribe antibiotics. Example: you enter an ER with chest pain. The standard of care demands that the ER personnel perform an EKG, cardiac blood enzymes, and a chest x-ray. if they fail to do this, they may have erred. Whether this caused a new & independent injury is the next step. Sometimes this is the harder part.

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