What Is Actionable Medical Malpractice?

If you believe you have experienced medical malpractice there are some terms you should understand.

Actionable medical malpractice and medical negligence are often used interchangeably. Both terms describe negligent treatment or diagnosis of some medical condition that then causes either a new injury or exacerbates an injury. However, it is important to note that if there is an existing underlying medical condition, the doctor will usually not be held liable  for it.

In order for injurious  medical treatment to be considered actionable medical malpractice, the malpractice will likely meet these four major requirements.

1. There must be an existing doctor/patient relationship.

In order for a doctor to have a duty of care owed to a patient, there first must be an established doctor/patient relationship. Once any sort of treatment commences, there is an established relationship. However, before a doctor treats a patient, the patient cannot claim that there was any medical malpractice.

2. Was the standard of care met?

There is a certain standard of care that patients are entitled to receive and can expect to receive. The standard of care is defined by the same care that a patient in a similar condition, in a similar geographic region, could expect to receive. Doctors are expected to provide care that meets the same level of care that doctors with the same training, similar facilities, and skill level would provide. If a patient receives care that does not meet this accepted standard then it could be considered a breach of the standard of care – medical malpractice.

3. For a case to be considered actionable medical malpractice there must be proximate cause.

For there to be proximate cause a patient must show that there was a series of events that lead from the alleged negligence to the injury. It must be clearly shown that the negligence lead to the injury.

4. Informed Consent

For a doctor/patient relationship to be successful there has to be communication about the diagnosis and the treatment of the patient’s condition. Communicating about and deciding on a course of action is called informed consent. Patients and doctors alike are expected to follow the decisions that were discussed and consented to.

What’s the next step?

If you believe you have experienced actionable medical negligence, get in touch with a medical malpractice attorney as soon as possible. State requirements vary from state to state and federal laws regarding medical malpractice are subject to frequent change. A medical malpractice attorney who specializes in the type of malpractice you experienced will be able to give you the help you need in pursuing compensation for injuries you suffered as the result of the medical malpractice incident.

St. Louis Medical Malpractice Lawyers

Victims of medical malpractice deserve justice and compensation for injuries. An experienced attorney can help you pursue compensatory damages and get the medical care necessary to move forward.

If you have experienced medical malpractice in Missouri, contact a St. Louis medical malpractice lawyer at the Zevan and Davidson Law Firm. We have over 20 years of experience and a proven track record of successful case results. Our legal team with work to protect your rights and get you and your family the justice you deserve.

Call us at (314) 588-7200 or contact us online to schedule a free consultation.

photo credit: phalinn