Medical malpractice occurs when a healthcare provider’s conduct deviates from accepted medical standards, resulting in patient harm or injury. To have a viable medical malpractice case, the following elements must be present:
- Duty of Care: The healthcare provider had a duty of care to the patient.
- Breach of Duty: The healthcare provider breached that duty by failing to follow accepted medical standards.
- Causation: The healthcare provider’s breach of duty directly caused the patient’s injury.
- Damages: The patient suffered damages, such as physical or emotional harm or financial loss, as a result of the healthcare provider’s breach of duty.
To determine if you have a medical malpractice case, you should seek the advice of a licensed attorney in your jurisdiction who is experienced in medical malpractice litigation. The attorney will review your case to determine if the necessary elements are present and if there are any potential limitations or exceptions to your claim.
Potential limitations or exceptions to a medical malpractice claim may include the following:
- Statute of Limitations: Medical malpractice claims must be filed within a certain period of time after the injury occurred, which varies by jurisdiction.
- Contributory or Comparative Negligence: If the patient’s conduct contributed to their injury or if they were aware of the risks and still chose to proceed with treatment, it could impact their ability to recover damages in a lawsuit.
- Immunity: Some healthcare providers, such as government-employed physicians, may be immune from medical malpractice liability in certain situations.
If you believe you have a medical malpractice case, it is important to act quickly and consult with an attorney to explore your legal options. An attorney can guide you through the legal process and help you recover compensation for your injuries and losses.
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