Medical Malpractice is a legal term that refers to the negligence or incompetence of a healthcare provider that results in harm to a patient. In order to prove medical malpractice, the following elements must be established:
- There was a duty owed by the healthcare provider to the patient;
- That duty was breached;
- The breach of that duty caused harm to the patient; and
- Damage resulted from that harm.
Healthcare providers have a duty to provide care that meets the standard of care in their field of practice. If they do not meet this standard of care, and their actions result in harm to the patient, they may be found to have breached their duty. For example, if a surgeon leaves a surgical instrument inside a patient's body during a surgery, the surgeon may be found to have breached their duty to provide competent medical care.
If a breach of duty is established, the patient must also prove that the breach caused them harm. Harm can come in various forms, such as physical injury, emotional distress, or financial loss. Finally, the patient must show that damages resulted from the harm, such as medical bills or lost wages.
It is important to note that there are limitations to medical malpractice claims. For instance, healthcare providers may be protected by certain immunities or limitations on damages, depending on the jurisdiction. Additionally, each jurisdiction has its own statute of limitations for filing a medical malpractice claim.
If you believe you or a loved one has been the victim of medical malpractice, it is important to contact an experienced medical malpractice attorney as soon as possible. An attorney can help you understand your legal rights and options, and help you pursue compensation for your damages.
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