According to the Abridged 8th Edition of Black’s Law Dictionary, the definition of malpractice is: “An instance of negligence or incompetence on the part of a professional”. Black’s then goes on to define medical malpractice as “A doctor’s failure to exercise the degree of care and skill that a physician or surgeon with the same medical specialty would use under similar circumstances”.
In understanding medical malpractice, one often encounters the phrase “standard of care” – that is, the degree of caution and concern that a health care provider operates under during the treatment of a patient. What is important to know is that while the “standard of care” may be defined differently from state to state, it is the key to identifying medical malpractice. If a health care provider – such as a doctor or surgeon – deviates from a reasonable and expected standard of care, then they are failing their duties.
If you have been injured as a result of medical malpractice, or by any other form of another’s negligence, contact the us today. The Massachusetts Personal Injury Lawyers at Jason Stone Injury Lawyers are here to help.