Medical malpractice occurs when a health care professional provides care that falls below the accepted standard of care, resulting in the injury or death of a patient. In order to establish a case of medical malpractice, the plaintiff must show that the health care provider acted negligently and caused harm to the patient. Negligence can occur through a variety of actions or omissions including failure to diagnose or misdiagnosis, surgical errors, medication errors, failure to obtain informed consent, errors in anesthesia, and failure to monitor a patient's condition.
In order to establish a case of medical malpractice, the plaintiff must show that the health care professional had a duty to provide care, that the provider breached that duty by providing substandard care, and that the breach caused the injury or harm suffered by the patient. The standard of care is generally established by expert testimony of other medical professionals in the same field as the defendant.
There are some limitations and exceptions to medical malpractice claims. In some states, there are caps on the amount of damages that can be awarded in medical malpractice cases, and some states have shortened statutes of limitations for medical malpractice claims. Additionally, some states require that a plaintiff provide notice to the health care provider before filing a medical malpractice lawsuit.
If you believe that you or a loved one has been the victim of medical malpractice, you should contact an experienced medical malpractice attorney immediately. An attorney can evaluate your case and determine if you have a viable claim. If you do have a claim, an attorney can help you navigate the legal process and work to get you the compensation you deserve.
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