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Who can commit malpractice?

Any professional who is licensed by the state and holds themselves out as having special skills can commit malpractice. While this means that there are many types of professionals that can technically commit malpractice, the term “malpractice’ is generally only used when referring to the substandard work of health care professionals, accountants, stockbrokers, and lawyers. While the substandard work by other licensed professionals is still actionable, it will generally be labeled’negligence’ instead of malpractice.

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What is medical malpractice?

A health care professional commits medical malpractice when she provides substandard medical care that results in injury to or the death of her patient. To win a medical malpractice case, you must show that the health care professional owed you a duty of care, that they breached this duty of care through their medical negligence, and that this negligence caused your injury.

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Are doctors protected from a malpractice lawsuit when providing emergency treatment at an accident site?

Doctors who arrive at an accident site are generally called “first responders” and are given high protection against medical malpractice suits. Most of the time, a first responder at the scene of the accident will be a member of an ambulance crew, a firefighter, or an emergency medical technician, but if a doctor is also among this initial team, they will get the same protections.

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The Discovery Rule in Medical Malpractice Cases

The discovery rule tolls (or suspends) the statute of limitations until an injury due to malpractice is or should have been discovered. There are many situations where the inciting event is obvious. Click here for an explanation of how the discovery rule works in a medical malpractice case.

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Loss of Chance Doctrine

Victims of medical malpractice often find it very difficult to obtain damages if their doctor’s negligence wasn’t a substantial factor in their injury or death. The key word there is substantial. However, several states have begun looking at medical malpractice cases a bit differently under a loss of chance theory. So, what is it?

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