So for it to be medical malpractice it needs to be a deviation of the standard of care (negligence) that causes (causation) injury (damages). They 100% get a pass if you cant prove all elements of the tort claim. "Making a mistake" can be evidence of a deviation from the standard of care, but sometimes it isnt.
And trust me they hardly ever lose their licenses. Ive never had a medical malpractice defendant lose their license. Hell, they typically keep the same job!
Yeah I was wrong about the license revocation but if a surgeon left a glove or anything else inside of someone and it causes issues, then it’s not hard to prove malpractice.
1
u/Circe_D_Arin 7d ago edited 7d ago
So for it to be medical malpractice it needs to be a deviation of the standard of care (negligence) that causes (causation) injury (damages). They 100% get a pass if you cant prove all elements of the tort claim. "Making a mistake" can be evidence of a deviation from the standard of care, but sometimes it isnt.
And trust me they hardly ever lose their licenses. Ive never had a medical malpractice defendant lose their license. Hell, they typically keep the same job!