When Is a Medical Event Considered Malpractice?

We trust healthcare professionals to handle our well-being with the attention and care it deserves. Our lives are in their hands, whether they are diagnosing an ailment, performing a surgery, recommending a treatment, or prescribing medication. The trust that we place in them, unfortunately, is not always deserved. Hundreds of thousands of people die each year due to medical errors, and even more are injured or permanently disabled.

A medical event is considered malpractice when, in the care of a hospital, doctor, or other healthcare professional, a person is harmed through negligence or omission. Negligence includes:

  • Misdiagnosis, delay in diagnosis, or failure to diagnose.
  • Surgical negligence, such as wrong site surgery.
  • Prescription and medication errors.
  • Anesthesia errors.
  • Childbirth injuries.
  • Negligent medical advice.

Errors caused by negligence are preventable, which qualifies them as malpractice.

To prove that a medical event was malpractice, however, an attorney must be able to prove a few different elements. This includes:

  • The standard of care was violated: There are medical standards widely recognized by the medical community that are accepted as reasonable and prudent. When a healthcare professional fails to meet this standard, negligence can be established.
  • Negligence caused the injury: Once negligence has been established, it must be proven that it was the cause of the patient’s injury. If there is no causal link between a healthcare professional’s negligence and the patient’s injury, the patient may not have a case.
  • There were significant damages caused by the injury: A patient must show that there were some damages as a result of the injury, such as disability, loss of income, suffering and hardship, or medical bills.

The Denver Trial Lawyers ® is widely recognized as one of the best medical malpractice law firms in the United States. These cases are often complicated and expensive to pursue, but our team understands the complex medical and legal issues and are able to effectively represent our clients and secure the best possible results. Our team has over 175 years of shared experience and has recovered more than $300 million on behalf of our clients.

Call us today at (303) 647-9990.