One of Ted Babbitt’s articles for the Palm Beach County Bar Association titled What’s Not Malpractice gave a case example that was not malpractice. Here’s why:
A plaintiff entered the hospital for cardiac bypass surgery. When he left the hospital, he left as a double amputee. The plaintiff alleged that he was given contaminated heparin which caused him to have severe infections, resulting in both his legs getting amputated.
The article said: “The District Court noted that none of the doctors who participated in the surgery were defendants in the lawsuit and that the plaintiffs did not allege that the administration of heparin was below the standard of care. Plaintiffs alleged that the negligence of the hospital was an administrative act rather than a medical act and that the Plaintiff was, therefore, not required to comply with the presuit screening provisions.”
The article adds, “It is axiomatic that the mere fact that a wrongful act occurs in a medical setting does not automatically transform the contested action into one that sounds in medical malpractice; the wrongful act must be directly related to the improper application of medical services and the use of professional judgment or skill. The primary test for whether a claim is one for medical malpractice is whether the claim relies on the application of the medical malpractice standard of care.”
You can read the full post here.
Medical malpractice should not be taking lightly. If you think you have a medical malpractice case, it’s important to contact an experienced lawyer who can review and see if your case is a medical malpractice case. We have helped countless clients who have been the victims of medical malpractice.
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