What is Medical Malpractice?
A bad experience at a health care facility can be extremely traumatizing. We come to hospitals and clinics expecting help and guidance from those whose job it is to ensure the best possible care for us and the people we love.
Childbirth in particular should be a joyous occasion, so when something goes wrong, it is easy to feel confused and powerless, among other things. However, as overwhelming as these situations can be, it is important to keep in mind that your health care provider has a responsibility to meet certain professional standards. Failing to do so constitutes a case of medical malpractice, and deserves legal action.
Medical malpractice is a term used to describe negligence on the part of a health care provider that results in injury or death of the patient. Malpractice can cover a wide range of circumstances, but four basic elements must be in place for legal action to be merited:
- The health care provider had a duty to the patient, meaning they were legally responsible for some facet of the patient’s wellbeing or treatment
- This duty was breached – the provider failed in some way to meet professionally-upheld standards of care
- An injury resulted from the breach of duty
- Damages were sustained – in other words, the injury had a monetary impact on the patient or his or her caretakers. If the first three of these are in place, damages are very likely to exist as well.
Contact Us
Malpractice can be difficult to identify for someone not acquainted with the medical system. Often times, for example, the stress of dealing with injuries sustained in the hospital can lead to lost job productivity, a type of damages that may not easily be recognized.
If you have been affected by childbirth complications, you have a right to know whether your health care provider may be liable in some way. Contact the experienced Philadelphia malpractice lawyers of Lowenthal & Abrams, P.C., at 215-238-1130 today for more information.