Medical malpractice is a type of negligence that arises when a healthcare professional or medical facility fails to provide the appropriate standard of care, resulting in harm or injury to the patient. Negligence, on the other hand, refers to a breach of duty of care that results in harm or injury to another person or property.
In order to establish medical malpractice, the plaintiff must prove that the healthcare professional or facility owed them a duty of care, that this duty was breached, and that damages resulted from this breach. This means that the healthcare professional or facility must have acted below the accepted standard of care and that this action caused the patient's injury or harm.
Medical malpractice cases can arise in a variety of situations, including misdiagnosis or delayed diagnosis, surgical errors, medication errors, errors in anesthesia administration, or failure to obtain informed consent. These types of cases can be complex, and expert witness testimony is often required to establish the appropriate standard of care.
In addition to these elements, medical malpractice cases can also be subject to statutes of limitations, which limit the amount of time that a plaintiff has to file a claim. In many jurisdictions, medical malpractice claims must be filed within two to three years from the date of the injury or discovery of the injury.
Overall, it is important to seek the advice of a licensed attorney in your jurisdiction who specializes in medical malpractice claims if you believe that you have been the victim of medical malpractice. They can provide you with guidance on your rights and options for recourse.
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