Medical error is not as uncommon as many people might think it is. Though studies vary regarding the rate of medical error in the United States, medical error is said to be among the leading causes of death. Not all medical errors are created equal, though. Some are more serious than others and have more of an impact on the patient than others.
When it comes to seeking compensation for medical error, therefore, it is important for patients to understand that not every medical error can become the basis for a viable medical malpractice claim. A medical malpractice claim must meet certain legal requirements, one of which is that the mistake must constitute a breach of an established standard of medical care. Establishing the relevant standard of care is not easy in every case, and sometimes involves battles between medical experts.