Medical malpractice is one of the most complex areas of
personal injury law. Many people who have sought medical treatment and experienced negative
outcomes may believe they are the victims of medical malpractice—however,
this is not always the case.
In order to have grounds for a medical malpractice claim, you must prove
that a doctor, nurse, hospital, or another healthcare provider failed
to uphold the standard of care. Generally speaking, the standard of care
is the level of treatment one could reasonably expect a healthcare professional
or facility to provide. While doctors are not expected to be experts in
all types of medicine, they are expected to know and follow the standards
for their particular specialty.
For example, if you visit the doctor with mysterious symptoms, and, despite
performing various tests, he or she is unable to diagnose your illness
and decides to refer you to a specialist, your doctor has not committed
malpractice. In contrast, if you visit the doctor and they do
not run any diagnostic tests or misinterpret the results of your tests, causing
them to provide you with an incorrect diagnosis (or no diagnosis at all),
this could be an example of medical negligence.