Exploring the Different Forms of Malpractice
What is Malpractice?
A term that many of us hear from time to time is the term malpractice. And we usually think of it in terms of medical procedures, hospital procedures, things of that type. But malpractice comes in a number of shapes, forms, and vocations. Essentially malpractice is going to be when someone, a professional in some skill, does not live up or operate up to the expectations of what’s called the applicable standard of care.
What is the Applicable Standard of Care?
My name is Mike Ashworth, a personal injury lawyer in Oklahoma. I want to share with you very briefly medical malpractice as opposed to others. Medical malpractice is when a doctor fails to diagnose, misdiagnoses something, or just flat out does something wrong. It’s an enhanced form of negligence, duty, breach of duty, causation, and damages as a result. But malpractice can be for lawyers. Malpractice can be for dentists, mental health professionals. There’s even been a case or two around the country for cleric malpractice, in other words suing somebody who is a minister or a person in an ordained position for negligence malpractice and things of that type. Which I don’t recall what the outcomes were, but it’s just interesting.
How Does Malpractice Apply to Professionals?
If you have a license of some kind, you could be subjected to a malpractice claim. That means you have not met the applicable standard of care for your profession and skill. If you think that’s happened to you, the most important things to do are one, anytime you’re dealing with a professional, keep everything. And don’t wait saying, I can get it from them in the future. Because if something goes south, it’s not always that easy. Keep everything as you go. Keep it in a file. Take notes. Ask questions.
I recommend to people when you’re going to someone, particularly if it’s a lawyer, particularly if it’s a nursing home situation or residential care or long-term care, especially in some smaller communities, do you have malpractice insurance? And if they say no, I suggest to you there’s a reason why you might not want to engage their services. So if you have a question about malpractice or about anything to do with the law, since I’ve been doing this since 1983 in some form, call me.
Call for a Low-cost Consultation
I am Mike Ashworth, a medical malpractice attorney in Tulsa. You can contact me at TulsaPersonalInjuryLawyer.Pro. It’s online or the number is 918-924-5528. But make sure when you hire a professional for any service that if something goes wrong, and it doesn’t mean they’re a bad person, they just made a mistake, but make sure that there’s a way for you to recover your damages.
