What is medical malpractice law?
Medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. Simply put, medical malpractice is professional negligence (by a health care provider) that causes an injury.
Malpractice may involve an incorrect diagnosis, improper prescription of drugs, mistakes during surgery or anesthesia, and a variety of other acts or failures to act by the health care provider.
Medical malpractice lawsuits have different requirements than other personal injury cases such as automobile injuries. These cases are complex, technical, and costly. Expert witnesses are usually required to testify about what occurred and why it is medical malpractice. Most health care providers have insurance, so an insurance company is usually involved in the case and any settlement discussions.
If medical malpractice has likely occurred, an attorney who specializes in medical malpractice law is best able to thoroughly evaluate a case and build the strongest case possible. An attorney should be consulted quickly, because there are very strict time limits on when a case must be filed. Medical malpractice attorneys often specialize in a narrow area, so be certain the attorney has experience in the relevant area of malpractice.