The term ‘closing the stable after the horse has escaped’ certainly applies to medical malpractice claims. Suing a doctor for malpractice can, by definition, only occur after actual harm has been inflicted. Legally speaking, medical malpractice is a fairly broad concept. However, the baseline definition includes areas such as improperly administered medical treatment, damages resulting from the incompetence of a physician, and the resulting loss in terms of welfare and finances for the patient.

Derived from the Latin term ‘malpractice’, medical malpractice is an area of ​​law that holds the treating physician liable for deviating from accepted standards of medical practice by failing to ensure proper treatment parameters. A patient, while undergoing treatment, is more or less a helpless bystander to the process and has no real control over it. Therefore, the health and financial loss resulting from incompetence or maliciously administered incorrect treatment imposes a high degree of liability on the treating physician. Medical malpractice attorneys specialize in targeting this liability factor and claiming damages for affected patients.

Negligence claims depend on the nature of the event in question. Simple negligence on the part of the treating physician, while a serious matter, would probably not be dealt with as harshly in a court of law as improper treatment (through the administration of drugs, surgery, or other therapeutic measures). Issues arising from a doctor’s incompetence or ignorance would lead to a civil lawsuit, while willful malice, if proven, would lead to criminal charges against the doctor and significantly higher restitution for damages to the patient. A good medical malpractice attorney will evaluate a client’s claim and attempt to secure the maximum amount of damages from the offending physician.