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What kind of medical mistake is considered malpractice?

Over the last several decades, medical techniques for diagnosis and treatment have improved significantly. Even with all of these advances, however, there is still a lot of uncertainty.

Medical professionals might make honest mistakes or incorrect diagnoses from time to time. From a patient's perspective, it’s probably helpful to know when a mistake amounts to negligence and could provide grounds for a medical malpractice claim.

Of course, every case is unique and details can make a difference when trying to determine if negligence contributed to a medical injury. However, South Carolina statute provides some insight into what is considered medical malpractice. According to state law, malpractice is defined by an action that a "reasonably prudent health care provider" would not do in a similar medical situation.

The definition provided by South Carolina statute may need a little clarification. In short, medical malpractice is defined by a careless act or omission by a doctor, medical provider or medical institution that injures or harms a patient.

It's important to note that doctors are not the only ones who may be liable in the event of a medical error. Nurses, other medical staff or even hospital administration could contribute to an accident in some way. For example, failure to provide sanitary medical facilities could be considered negligence.

When looking at the details of a medical case, patients may still not know if their injuries were the result of negligence. This is understandable, since medical accidents can involve very technical details. An experienced attorney can provide insight and help determine how the definition of medical malpractice applies to a patient's specific circumstances.

Source: FindLaw, "Medical Malpractice In-Depth," accessed July 22, 2014

Philpot Law Firm, PA
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Greenville, SC 29601

Toll Free: 866-853-3497
Toll Free: 866-853-3497
Phone: 864-990-0226
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