What Is Considered Medical Malpractice; What Isn’t

It can be difficult to determine if your medical injury was the result of malpractice, or if it was simply an unfavorable surgical outcome. Medical malpractice is substandard care by a medical provider, which can include recklessness, negligence, and unacceptable human error. If your condition has worsened, or your condition is untreatable, it is not typically considered malpractice.

The following behaviors generally qualify as malpractice:

  • Recklessness—when a medical provider is aware or should be aware of the dangers their actions present, but act the same way regardless, this is considered recklessness. Using an unsterilized tool is an example of this behavior.
  • Negligence—this occurs when a medical provider acts without proper caution that a “reasonable” medical professional would exercise. An example would be failing to take the proper precaution to prevent a bacterial infection.
  • Unacceptable human error—this is a mistake that the doctor should never have made considering his or her training, judgment and expertise.

These events are typically not considered medical malpractice:

  • Worsening conditioning—if a patient’s condition worsens despite the treatment; this is generally not the result of substandard care.
  • Untreatable condition—not every condition is treatable. If a medical professional makes every reasonable attempt to treat the patient and the condition still worsens, this is not grounds for a medical malpractice suit.

If you are a New Jersey resident who has suffered an injury due to medical malpractice, please complete our online form and the Elite Injury Attorneys’ Network, LLC will work to find you a New Jersey medical malpractice lawyer, if you have a valid case.