Medical malpractice is a legal term that refers to the negligence, omission, or deviation from the standard of care by a medical professional or healthcare provider. It occurs when a healthcare provider fails to provide the expected level of care that meets the accepted medical standard, which results in harm or injury to a patient.
Examples of medical malpractice may include surgical errors, misdiagnosis, failure to diagnose a medical condition, incorrect medication administration or dosage, and failure to obtain informed consent.
In order to prove medical malpractice, the plaintiff must prove several elements, including the existence of a duty owed to the patient, a breach of that duty, causation, and damages resulting from that breach. The breach of duty must be a deviation from the accepted medical standard, which is usually established by expert testimony.
Medical malpractice cases are complex and may involve many legal and medical issues. It is important for the plaintiff to retain an experienced medical malpractice attorney and expert witnesses to establish the standard of care and prove the medical negligence.
There may be time limitations for filing a medical malpractice claim, known as the statute of limitations, which varies by state. Additionally, some states have special requirements for filing medical malpractice claims, such as obtaining an expert opinion or providing notice to the healthcare provider before filing a lawsuit.
If you believe you have been a victim of medical malpractice, it is important to seek legal advice from a licensed attorney in your jurisdiction as soon as possible. Your attorney can advise you on your legal rights, options, and potential outcomes of your case.
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