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What is Medical Malpractice?

From a practical standpoint, medical malpractice occurs whenever a doctor, hospital, nurse or other healthcare professional commits a medical error. However, to have a medical malpractice lawsuit, the law requires that the medical error also results in harm. For example, if a doctor did not correctly diagnose you, there might be a medical error, but if you got better on your own, that error did not result in harm.

Additionally, because of the rising costs to pursue medical negligence cases and tort reform in many states, the harm will need to be a harm substantial enough that the monetary damages that a jury would award in a case will outweigh the costs of the lawsuit. Some examples of substantial injuries caused by medical neglect include:

  • Death
  • Disability
  • Disfigurement
  • Lengthy hospitalization
  • Substantial medical bills
  • Lost time from work
  • Serious pain and suffering

Posted in: Medical Malpractice FAQ