Medical Malpractice 2

TRANSCRIPT

“Medical malpractice” refers to any case that involves whether a medical professional did something they shouldn’t have done, or failed to do something that they should have done. We call that the “standard of care.” Every medical professional is supposed to provide care that is as good or better than other reasonable physicians would do in that situation. When a doctor, or a nurse, or a facility does not render the same care that a reasonable provider would, there may be a case of malpractice.



When evaluating a medical malpractice case, we evaluate “What should the doctor have done?” or “What should the doctor not have done that the doctor did?” And from there, we evaluate whether the doctor violated that standard; whether they broke the rules. And if they did, we look at what harm that caused the patient. We have to prove the standard of care—what the doctor should have done. We have to prove that the doctor didn’t do what they should have done. And then we have to prove what that failure caused.



To do that, we enlist the help of medical experts from across the country, who are specialists in the area of practice at issue, and we evaluate whether we can establish that the standard of care was violated, and if so, if we can prove what that violation caused.

Malpractice