Doctors make mistakes at work. Even the most fastidious medical professional might have to work while feeling ill or may make less effective decisions at the end of a particularly long shift.
Medical mistakes are somewhat common, and sometimes they actually constitute medical malpractice. The patients affected by the mistakes that a doctor made or the families grieving a wrongful death caused by medical mistakes might want to pursue a medical malpractice lawsuit.
What technically separates actionable medical malpractice from an error that isn’t actionable?
The ability to prevent the mistake
Many medical errors occur in a split second. A surgeon’s hand trembles, and they accidentally nick an artery, for example. One of the defining features of malpractice is that it is an egregious error that other health care professionals could likely have avoided. If another doctor could have reached an accurate diagnosis or ordered more appropriate treatment with the same information and background, then the patient may have experienced malpractice.
The impact on the patient
Many medical errors are negligible. Health care professionals may be able to account for the mistake and prevent it from causing harm to the patient.
Malpractice generally involves a verifiable negative outcome for the affected patient. Preventable medical complications and premature mortality can lead to claims of medical malpractice. An error that does not have any verifiable impact on the patient likely does not constitute medical malpractice.
Reviewing medical records and outcomes with a skilled legal team can help people determine whether a medical error was actually malpractice. A successful medical malpractice lawsuit can compensate people for increased medical expenses, lost wages and other consequences of harmful medical errors.