To be considered medical malpractice, an incident must meet a few select criteria. The claim must prove a violation of the standard of care, the injury was caused by negligence, and the injury resulted in significant damages.
Standard of care is a legal term used to describe the level at which the average, prudent health care provider within the field would practice. In plain terms, the standard of care is the average, acceptable level of care one should expect for their condition. If a healthcare provider fails to meet the acceptable standard of medical care, they have violated their patient's rights and may be guilty of negligence and therefore liable for damages.
This leads to the second factor to make a medical malpractice claim, the injury must be caused by negligence. Unfortunately, unlucky or unwanted complications are not enough to prove malpractice. Similarly, negligence alone is not enough to prove malpractice. In order to have a valid case, negligent practices must be responsible for the injury.
Lastly, a valid medical malpractice claim must also prove that the outcome resulted in severe damages. Severe damages include disability, hefty medical bills, loss of income, undue hardships, abnormal pain, and wrongful death. The patient must demonstrate that the lasting effects of the injury caused by negligence created unfavorable, life-altering circumstances.