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What is considered medical malpractice?

Medical Malpractice

As per current laws and legal precedents in the relevant jurisdiction, medical malpractice refers to negligence or an act of omission by a healthcare professional or institution that leads to injury, damage, or death of a patient. Medical malpractice can be defined as a breach of the standard of care that a medical professional is required to provide to their patients.

Proving Medical Malpractice

In order to prove medical malpractice, the following elements must be proven:

  1. Duty of care: The medical professional had a duty to provide a certain standard of care to the patient.
  2. Breach of duty: The medical professional breached the duty of care by failing to provide a certain standard of care to the patient.
  3. Injury or damages: The patient suffered an injury or damage as a result of the breach of duty of care.
  4. Causation: The injury or damages suffered by the patient were caused by the breach of duty of care.

There are several forms of medical malpractice, depending on the nature of the injury or damages caused, including:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Medication errors
  • Failure to provide informed consent
  • Failure to monitor a patient's condition

It is important to note that medical malpractice cases can be complex and difficult to prove. If you believe you have suffered an injury or damages due to medical malpractice, you should consult with a licensed attorney experienced in handling such cases who can assess the specific facts of your case and advise you of your legal rights and options.