What constitutes medical malpractice?

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What constitutes medical malpractice?

I had a heart attack and had a stent put in. The surgeon who did my stent put me on a anti-platlet. Everything was going fine. I asked my PCP if there was a anti-platlet medicine that was cheaper. Then my PCP took me off of it and put me

on a very weak blood thinner. I don’t know why. Is this medical malpractice?

Asked on June 20, 2018 under Malpractice Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Medical malpractice is medical care that does not meet currently accepted standards for such care, typically by being negligent or unreasonably careless. So if a reasonable doctor would not have done this, then it may be malpractice; but if a reasonable doctor would or may have, it is not. Based on what you write, there is no way to tell if this is malpractice or not: there may be legitimate reasons to put you on a weak blood thinner (e.g. you did not need a stronger one; the stronger one had risks or side effects outweighing the benefits you received; etc.). If other doctors tell you this was a bad or inappropriate decision, it may be malpractice, but if not, it would not be.
Even if it were malpractice, have you been hurt by it? If so, how much or how badly? The law only provides compensation for actual harm suffered or costs/losses incurred. Even if this was a bad decision, if you were not harmed, there is no point in suing or taking legal action--you'd get no compensation.


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