Unfortunately, as a resident of Louisiana, you may suffer a personal injury at some point. If it happens as a result of an error during a medical procedure or treatment, you might wonder if it’s medical malpractice. Knowing what’s considered medical malpractice can help if you’re considering filing a lawsuit.
What is medical malpractice?
Medical malpractice occurs when a doctor, nurse or other health care professional makes a medical error that results in personal injury to a patient. The error can involve diagnosis, treatment, medication, aftercare or other matters.
When is a medical error considered medical malpractice?
Doctors and other health care professionals are held to a high standard of care. If a patient suffers a personal injury after the action or inaction of a doctor or other health care professional, that professional may be held liable through a medical malpractice lawsuit. However, not every situation is considered malpractice.
In order for an injured patient to have a legitimate claim for medical malpractice, certain elements must be in place that directly led to their personal injury. They include the following:
- The professional failed to provide the expected standard of care: By law, doctors and other medical professionals are expected to provide a high standard of care when treating patients. If they fail to provide that standard of care, it can be considered negligence.
- Negligence led to injury: The medical professional’s negligence directly caused the patient’s injuries.
- The patient’s injury caused damage: An injured patient must show that their injury has caused them damages such as disability, hardship, significant loss of income, continuous pain or suffering.
If all of these elements are in place, the patient may have a valid claim for medical malpractice and can file a lawsuit. Injuries stemming from medical errors can be devastating, so if you have suffered as a result of an error by a medical professional, you may want to file a claim.