Medical malpractice is a type of legal claim that is filed against a healthcare professional or a healthcare facility that has caused injury or harm to a patient due to negligence or a failure to provide an adequate standard of care. Medical malpractice can be proven by showing four key elements:
- Duty: The healthcare professional or facility had a duty to provide care to the patient.
- Breach: The healthcare professional or facility breached the duty of care by failing to provide a standard of care that was reasonable under the circumstances.
- Causation: The breach was the direct cause of the patient’s injury or harm.
- Damages: The patient suffered damages as a result of the injury or harm, such as physical pain, emotional distress, or financial loss.
To prove medical malpractice, it may be necessary to obtain medical records, expert witness testimony, and other evidence to establish the facts of the case. It is important to note that medical malpractice cases can be difficult to prove, and there are strict rules and limitations on the filing of these claims.
If you believe that you or a loved one may have been the victim of medical malpractice, it is important to consult with a qualified attorney who has experience in this area of law. Your attorney can help you understand the legal process and work to gather the evidence needed to prove your case.
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