Medical Malpractice Definition


Medical malpractice is when a health care provider fails to act in the same manner as a reasonably prudent health care provider would act in the same situation and the act of the health care provider injures the patient.

A health care provider or medical provider can be anyone (doctor, nurse, lab technician, hospital staff, etc.) who provides medical related services.

While medical malpractice can be based on a health care provider intentionally doing something to injure a patient, that doesn’t happen very often. Few people intentionally and deliberately hurt other people, especially patients.

Most medical malpractice is actually medical negligence where a medical provider does not act or do what a reasonably prudent medical provider would do in the same circumstance and the patient is injured as a result. It could be either an act or a failure to act. For example, a doctor performs a certain medical procedure, but does it wrong and the patient is injured. Or the doctor doesn’t perform a certain procedure that a reasonably prudent doctor would perform in the same circumstance and the patient is injured because the procedure was not performed.

The above information is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

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