When you get medical care in Pennsylvania, you expect that your doctor will be skilled and ethical. You do not expect him or her to do anything to cause you harm. However, doctors are people, too. They sometimes make mistakes. However, how do you know when a mistake is something that constitutes medical malpractice?
According to the American Board of Professional Liability Attorneys, there are some specific points you have to have as part of your case if you want to prove medical malpractice. If you can prove these three points, then you may have a legitimate case.
One thing you must prove is that you suffered a significant injury the caused major damages. This means that whatever happened made you lose a lot of money, such as income, or caused you a lot of hardship.
You must also show that your doctor or other caregiver violated the standard of care. This means that the doctor did not follow acceptable treatment or medical standards during the course of caring for you.
Finally, you have to prove that your injury came about because of negligence. Essentially, not following the standard of care and causing you injury would be enough to show this. However, you must prove negligence. You have to show an action that if it had not occurred would have prevented the injury.
When you can prove these three points, then you have a case. Medical malpractice is not about not getting the outcome you wanted or being unhappy with your care. It is reserved only for situations where a major error or oversight occurred that caused serious harm. This information is for education and is not legal advice.