Medical malpractice refers to the negligent or intentional errors, omissions, or acts committed by a healthcare professional such as a doctor, nurse, or pharmacist that cause harm to their patient. Medical malpractice claims can arise when healthcare providers fail to follow the standard of care, misdiagnose a condition, make mistakes in surgery, fail to obtain informed consent, improperly prescribe medication, or provide inadequate aftercare. Medical malpractice cases require expert testimony to establish the standard of care that should have been provided and how the defendant deviated from that standard of care.
To establish a medical malpractice claim, the following elements must be proven:
- Duty: The healthcare provider owed a duty of care to the patient.
- Breach: The healthcare provider breached the standard of care.
- Causation: The healthcare provider's breach of the standard of care caused the patient's injury.
- Damages: The patient suffered harm or damages as a result of the healthcare provider's actions or inactions.
If a healthcare provider is found to be medically negligent, the plaintiff may be awarded damages such as compensation for medical expenses, lost wages, and pain and suffering. There are limitations to medical malpractice claims, such as statutes of limitations (time limits for filing a claim) and caps on damages that vary by jurisdiction.
Individuals who believe they have been victims of medical malpractice should consult with an experienced attorney in their jurisdiction to discuss their legal rights and options.
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