Originally Posted by kewlJ View Post
Somebody missed something here, the sodium level rising too quickly, which lead to this rare and horrific outcome. I feel bad for the person, but I just don't see that somebody is to blame for that. That should not be the definition of malpractice and that is what we are talking about. The definition of malpractice and someone accountable for their wrong doing, should be something along the lines of the example smurgerberger gave of a doctor removing the wrong kidney. I guess i just don't think along the lines of looking to blame someone for everything that happens.
Medical malpractice in Nevada is defined as “the failure of a physician, hospital, or employee of a hospital, in rendering services, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances” (NRS 41A. 009).

People die every day in hospitals, be it natural causes, infections, or negligence, and not all deaths or injuries are actionable as malpractice.

Basically a plaintiff needs to show a screw up was made that the average, competent, local medical practitioner would have caught / not made.

KJ, would you also give a bye to a non-doctor?

For example, if while driving your car a well-intentioned home owner is sawing down a tree and he makes an error and instead of the tree falling on the lawn it falls on your car, paralyzing you.

He certainly didn't intend for that consequence, nor did the doctor in the malpractice case.