Does Medical Malpractice Only Constitute Intentional Acts of Negligence?

 Posted on July 07, 2023 in Medical Malpractice

Regarding personal injury cases, medical malpractice is often seen as a subset that only encompasses intentional acts of negligence. However, this narrative is far from the truth. Medical malpractice cases can involve various types of negligence, not just intentional acts. Today, we will debunk the misconception that medical malpractice is only for intentional acts while also shedding light on the different aspects of medical malpractice that are essential to understand. If you have suffered from medical malpractice, contact a personal injury attorney right away to discuss your legal options at this time.

Understanding Medical Malpractice

Medical malpractice occurs if a healthcare professional, such as a doctor, nurse, or provider, fails to provide an adequate "standard of care" that is expected and required in healthcare. The patient then suffers harm or an injury through this unmet standard of care. Deviation from the accepted medical standard can occur in many ways, including misdiagnosing someone, making errors during surgery, providing the wrong medication to a patient, or failing to communicate with other providers, resulting in the patient receiving poor care.

Important Types of Negligence in Medical Malpractice

Here are the forms of negligence you need to be aware of, including:

• Ordinary negligence – This refers to a lack of reasonable care or the failure to act with the level of skill and care that a prudent healthcare professional would exercise. This type of negligence can arise due to unintentional mistakes or errors in judgment rather than malicious intent.
• Gross negligence – This refers to a higher degree of negligence, showing a total disregard for the patient's well-being. Although it may border on intentional acts, it does not necessarily require intent. Gross negligence includes actions or omissions so extreme that they go beyond incompetence or ordinary negligence.

Additionally, vicarious liability may be an important issue in these types of cases. This occurs when an employer is held responsible for the negligent actions of its employees, even if the employer was not directly involved. In medical malpractice cases, the hospital or clinic can be held liable for the actions of its physicians, nurses, or other staff members.

Contact a Cook County Medical Malpractice Lawyer

Dispelling the myth that medical malpractice solely involves intentional acts of negligence is crucial in understanding the complexities of these cases. Medical malpractice can arise from unintentional mistakes, negligence, or simply failing to provide a proper level of care to a patient. If you believe you have suffered from medical malpractice, contact the skilled Mount Prospect medical malpractice attorney with Adler Law Offices, LTD. Call 312-236-2700 for a free consultation.

Source - https://www.forbes.com/advisor/legal/personal-injury/medical-malpractice/