What is Medical Malpractice?

Medical misfortune is a term that is used to describe negative healthcare outcomes and results.  However, sometimes the cause is medical malpractice, not bad luck. 

Determining the difference between medical misfortune and medical malpractice is necessary prior to proceeding with a personal injury claim resulting from medical care.

Medical Malpractice & Medical Misfortune

Medical doctors practise a profession that requires specialized training and education to perform, and that has standards, established over time by doctors with specialized education, training and experience, for the duties and activities that are performed within the profession. As illness, injury, or death, are usually at stake with their patients, it is important for doctors to adhere to these standards when providing medical care. Medical malpractice only occurs when medical care is provided that falls below, and does not meet, the established standards within the medical profession. Medical misfortune occurs when a doctor has met the established standards when providing medical care, and a negative outcome, or result, occurs.

Medical malpractice can sometimes be obvious, such as when a surgeon operates on the wrong body part.  However, most of the time, a doctor with the relevant education, training and experience, is required to review the medical records and provide an opinion as to whether the medical care provided met the established standards.  Medical care is extremely complex, and beyond the ability of anyone without the relevant education, training and experience to comment on.

Finding the Proper Medical Records

Prior to commencing a lawsuit for personal injuries resulting from medical malpractice, a determination must be made as to whether the negative outcome, or result, was medical misfortune or medical malpractice.  The Personal Injury Lawyers at Singer Kwinter can assist with this determination by ensuring that the proper medical records are reviewed by the right medical doctors.