Q&A: Are medical mistakes always considered malpractice?

Medical malpractice is almost inevitable in today’s society, according to an article in Psychiatry Advisor. But what, specifically, constitutes “medical malpractice?”

Medical malpractice laws are designed to protect patients, providing compensation for damages and deterring future unsafe practices. However, to qualify as medical malpractice, it must occur within a formal physician-patient relationship, and four elements must be present, known as the four D’s: Duty, Dereliction, Damages, and Direct Causation.

  • Duty – Physicians have a duty of care. That means they are responsible for providing treatment to their patients; if they cannot, they must properly terminate the relationship.
  • Dereliction – The provider’s actions fell below an accepted standard of care.
  • Damages – The plaintiff was damaged in some way by the provider’s actions or omissions. There are two types of compensation for damages: (1) compensatory, which pays the injured patient or family for losses, pain or suffering and (2) punitive, which punishes the defendant for reckless, malicious or intentional wrongdoing.
  • Direct Causation – The plaintiff must prove that damages were a direct result of the provider’s negligence.

Common reasons for medical malpractice in psychiatry, according to the article, include improper medication, patients who die from suicide or who inflict harm on others, and boundary violations such as breaching confidentiality or having improper relations with a patient. In these cases, providers may be open to a medical board investigation or disciplinary action in addition to a lawsuit.

Medical malpractice cases can be complex; successful suits require an experienced eye. If you would like to talk to an attorney with a successful record in medical malpractice lawsuits in Pennsylvania, please reach out to us.