What constitutes a case for malpractice?

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What constitutes a case for malpractice?

Asked on February 16, 2013 under Malpractice Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Malpractice is when a medical care provider (such as a doctor or hospital) provides medical care that does not meet currently accepted standards for such care, such as due to carelessness. It's not enough that the patient did not get better or that the doctor was wrong--the law accepts that medicine is an art, not a science, and sometimes everything is done correctly yet the patient still suffers. The key is that the care provider was somehow negligent, or unreasonably careless, in providing the care.

Also, even if there was negligence, there must be some actual injury, cost, or damage caused by the negligence: since the law only provides compensation for actual injuries or costs, without injury or cost, there is no point in suing.


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