Medical Malpractice occurs when the healthcare services provided are provided in a manner which causes injury and/ or death to the patient and the services provided were done so in a negligent manner that falls below the standard of care normally observed by the health care professions.
Not every bad outcome of medical advise or surgery or procedures is necessarily malpractice. Some procedures involve a certain amount of risk that is always present and the failure of the operation or services is not necessarily malpractice.
However, patients are entitled to competent healthcare by doctors, nurses, hospitals, and other healthcare providers and facilities, and if they are injured as a result of errors or omissions they are entitled to recovered damages. It is usually necessary to prove that the services provided were done so incompetently, that the patient sustained injuries and that the injuries sustained were a direct result of the negligent act. It is often necessary to obtain the testimony of a doctor or other health care provider that can give an opinion on whether or not malpractice occurred.
Many states have enacted various forms of special legislation that requires that medical malpractice claims be handled in a manner different than ordinary damage claims.
It is highly advisable to contact an attorney who is knowledgeable about medical malpractice.