What Is Medical Malpractice?

"Medical malpractice" is normally regarded as the negligence of a physician or surgeon, whereas medical negligence is the negligence (carelessness) of other health care providers (nurses, medical assistants, physical therapists, medical technologists, etc.). Many people (including lawyers) use these terms (medical malpractice and medical negligence) interchangeably.

Medical malpractice (or negligence) is the failure of a health care professional to exercise reasonable care under the circumstances, resulting in injury or death of a patient. Doctors and surgeons must exercise that degree of care that a doctor of ordinary skill, care and diligence would have used under the same circumstances. This is referred to as the "standard of care."

Examples of medical malpractice/medical negligence include:

  • Surgical errors
  • Medication errors
  • Delays in diagnosis or treatment
  • Communication errors

Do I Have A Claim For Medical Malpractice?

To establish medical malpractice, you must prove that a health care provider fell below the standard of care, which caused serious harm or death. This is sometimes difficult to prove because the standard of care under the circumstances is often debatable. In addition, expert witnesses must be retained to prove that the health care provider was negligent and that the negligence caused substantial harm.

Because medical malpractice cases are difficult to prove and expensive, very few attorneys will handle them. Therefore, it is especially important in medical malpractice/negligence cases that you promptly consult with an experienced trial attorney who handles medical malpractice and medical negligence cases.

At Beausay & Nichols Law Firm, we have decades of experience handling complex medical malpractice and medical negligence claims. You can rest assured that we have handled hundreds of these cases from both sides (plaintiff and defense), giving us invaluable experience.

What Can I Recover?

The damages in a medical claim are the same as other personal injury cases:

  • Medical bills
  • Loss of income
  • Rehabilitation and other related expenses
  • Permanent disability
  • Pain, suffering and emotional distress
  • Cost of future care and services

Our Experience Working For You

If you or a loved one has been injured as a result of medical malpractice or medical negligence, please feel free to contact us to discuss your case. Call our Columbus office at 877-466-9215 or email us. Please also feel free to navigate around our website to learn more about specific legal issues related to medical malpractice and medical negligence. From time to time, we post short primers in our areas of practice.