If you plan on speaking to an attorney about filing a medical malpractice claim, you should understand some of the basic concepts that define what malpractice is from a legal standpoint. Medical malpractice refers to a situation where a professional – malpractice law also applies to professionals other than doctors – is found to have performed their duties in a way that was negligent, immoral or incompetent. Taking a look at some common situations, you may be able to determine whether or not malpractice played a part in how you came to be injured by a physician.
In order to have a valid malpractice claim, the doctor’s malpractice actually has to have been the cause of any injuries that you sustained. This can be difficult to establish, which is why medical malpractice attorneys have access to experts who can help sort through a situation and find out whether or not malpractice was, in fact, the reason a given client suffered some sort of injury. There are conditions and diseases that, no matter how skillful a doctor is, will injure and maim. In situations where the doctor did their very best and where they delivered the most professional care possible, they are likely not liable to be sued for malpractice.