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Personal injury law & medical malpractice In
personal injury law, "medical malpractice" is the term
used to describe negligence committed by a professional health
care provider. That is, a doctor, nurse, dentist, technician,
hospital, or hospital worker whose performance of duties departs
from a standard of practice set for those with similar training
and experience, resulting in harm to a patient or patients. Most
medical malpractice cases are based on the concept of negligence.
That is, a patient was harmed because the health care provider
failed to meet the required standards of skill and care. The prescribed
standard of medical care may vary from state to state. Since health
care providers cannot guarantee the results of medical treatment,
a patient's malpractice claim will not valid simply because his
or her treatment was not successful. Instances of malpractice
might include misdiagnosing an injury or illness because routine
tests were not ordered or procedures were not followed, or prescribing
a drug not approved for the patient's condition. Each state has
a law - known as the statute of limitations - that specifies a
certain amount of time within which a claim may be filed. The
purpose of the statute is to ensure that a claim is made while
information relevant to the case is still available. If you think
that you are the victim of medical malpractice, you should consult
a personal injury lawyer who is knowledgeable about medical malpractice.
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