Understanding the Difference Between Mistakes and Malpractice

The legal definition of medical malpractice is often misunderstood. Most doctors, nurses, and medical technicians genuinely try to do their best for their patients, but they’re human and mistakes do happen from time to time. However, the literal definition of medical malpractice is bad practice. Not every medical mistake rises to the level of a legal medical malpractice action. A medical mistake is an incorrect act or an act of omission. For example, a nurse may misread a doctor’s written instructions, and give a patient too much or too little of a medication.

If the patient suffers no harm as the result of the medication error, then it’s merely a mistake which fortunately did not cause harm. Malpractice occurs when a healthcare provider makes a mistake or commits an act or an omission that deviates from the accepted standard of care, and causes harm to the patient.

Medical malpractice cases across New York are what we handle here at Pegalis & Erickson, LLC. Call (516) 684-2900 to request your free case review at no charge.