What is "medical malpractice?"

 

A: Technically, it is a "departure from good and accepted medical care."

What does this really mean?  Medical malpractice is similar to the term 'medical carelessness'. When a physician fails to treat a patient in accordance with good medical care, and that care results in injury, then that would be considered a departure from good and accepted care.

Keep in mind that simply because a patient suffers a complication from a procedure does not in and of itself mean that there was wrongdoing.

Medical malpractice has also been described as medical wrongdoing. Also remember, that if you went to a physician and he or she recommended a surgical procedure and you suffered a complication from that procedure, it does not necessarily mean that the procedure that was chosen for you was incorrect. Here's why.

If you went to five different doctors for opinions, you might get five different opinions about what surgical procedure you needed. Just because one physician has chosen to utilize one procedure and another doctor would choose to use a different procedure, does not mean that the first doctor is wrong. However, if the choice of a particular procedure represents a departure from good practice, and most other physicians would agree it should not be performed, then you have a better argument to show that the chosen procedure was improper and deviated from the standard of care. 


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