Medical malpractice refers to the failure of a healthcare provider to perform their medical duties competently, leading to an injury or harm to the patient. The healthcare provider can be a doctor, nurse, medical technician or any other healthcare worker. The standard of care that a healthcare provider is held to varies from state to state. Generally, healthcare providers must act according to what a reasonable and prudent healthcare provider with their skills and experience would do under similar circumstances.
To prove medical malpractice, a plaintiff must establish four elements:
- a duty owed by the healthcare provider to the patient;
- breach of that duty by the healthcare provider;
- causation between the breach of duty by the healthcare provider and the patient's injury or harm; and
- damages suffered by the patient as a result of the injury or harm.
There are various limitations and defenses to medical malpractice claims. In some states, there are statutory caps on the amount of damages that can be awarded to the plaintiff. The statute of limitations, which is the time limit for filing a medical malpractice claim, varies from state to state. There are also some defenses that healthcare providers can use to avoid liability for medical malpractice, such as the assumption of the risk by the patient or the contributory negligence of the patient.
If a person has been injured due to medical malpractice, they should contact an experienced medical malpractice attorney. The attorney can help the individual determine whether they have a viable claim for compensation and how to proceed with their case. Additionally, an attorney can help the individual identify and preserve any relevant evidence, such as medical records and witness statements.
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