Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, hospital, pharmacist, or dentist, fails to provide proper care, resulting in damage or injury to the patient. The following elements must be established to prove a medical malpractice claim:
- Duty: The healthcare provider had a duty to provide care to the patient based on the standard of care within the medical community. This standard is measured by what a reasonable healthcare provider with the same knowledge and training would do under similar circumstances.
- Breach: The healthcare provider breached the duty of care by deviating from the standard of care. This means that they did something that a reasonable healthcare provider with the same knowledge and training would not have done or failed to do something that should have been done.
- Causation: The healthcare provider’s breach of duty caused harm to the patient. This means that the harm would not have occurred if the healthcare provider had not breached their duty of care.
- Damages: The harm caused by the healthcare provider’s breach of duty resulted in damages to the patient. Damages can include physical, emotional, or psychological injuries, loss of income, and medical expenses.
Examples of medical malpractice may include misdiagnosis, failure to diagnose, surgical errors, medication errors, improper treatment, failure to obtain informed consent, and failure to properly monitor a patient’s condition.
It is important to note that not all harm or injuries resulting from medical treatment constitute medical malpractice. A healthcare provider can provide proper care and still have adverse outcomes. Additionally, some states have specific laws and requirements for proving medical malpractice, so it is important to consult with a local attorney for accurate advice. If you believe you have been the victim of medical malpractice, it is crucial to seek legal advice as soon as possible to protect your rights and potential claim.
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