What does not constitute medical malpractice?

Not every bad experience with a healthcare professional will meet the standards of medical malpractice. Because it can be an intensive process to go to court with a case, you should ensure your case is valid before proceeding.

The American Board of Professional Liability Attorneys explains to have a solid medical malpractice claim, you need to prove you suffered an injury due to negligence, the provider failed to meet the standard of care and you suffered damages as a result of the situation that were significant.

Significant injury

To have a case, you cannot simply be upset over the situation. If you did not sustain an injury of some type that caused you significant damages, then you do not have a case. For example, if the doctor’s actions led to you having to wait a day to get a cast on your arm for a broken bone, it is not enough to prove malpractice unless that one-day delay led to serious health implications that were costly to fix.

It helps to understand that malpractice is not just about you being upset or unhappy with the services. If you do not have substantial damages because of the situation, it will not qualify.

Standard of care

The standard of care requirement is a little confusing. It is dependent on the typical physical response and normal behaviors. For example, it is a general standard of care for someone to take your temperature when you go to the doctor due to illness. If you complain of chest pains, it is a normal thing for the doctor to order tests to check your heart. If your doctor fails to do what the average doctor would do in your situation, then it can open things up to malpractice.