Medical malpractice refers to the negligence or the failure of a medical practitioner to perform his or her duties according to the accepted standard of care, that leads to injury or harm to the patient.
In medical malpractice cases, the plaintiff, i.e., the patient, must prove that the medical professional had a duty of care to the patient, and that he or she breached that duty of care by either taking an action that no reasonable and prudent medical professional would take under similar circumstances, or by failing to take an action that a reasonable and prudent professional would have taken.
Furthermore, the plaintiff must also prove that this breach of duty caused harm or injury to the patient, and the plaintiff suffered damages as a result.
Medical malpractice claims can arise from a variety of situations, such as surgical errors, misdiagnosis, medication errors, and birth injuries.
It is important to note that medical malpractice lawsuits can be complex and require expert testimony to prove negligence. Additionally, there are often limitations on the amount of damages that can be recovered in a medical malpractice case, and statutes of limitations to bring a claim.
If you or a loved one has been injured by medical malpractice, it is important to seek the advice of a qualified attorney who can evaluate your case and provide guidance on the best course of action.
By
