Medical malpractice occurs when a healthcare provider, such as a doctor or nurse, fails to provide a patient with the acceptable standard of care, resulting in harm or injury to the patient. This can include a misdiagnosis, surgical errors, medication errors, incorrect treatments, or failure to diagnose a condition.
The legal definition of medical malpractice varies depending on the jurisdiction, but generally, it involves the following elements:
- the healthcare provider owed a duty of care to the patient,
- the healthcare provider breached that duty by failing to provide the acceptable standard of care,
- the breach of duty caused harm or injury to the patient, and
- the harm or injury resulted in damages, such as medical expenses, lost wages, and pain and suffering.
There are limitations to medical malpractice claims, such as statutes of limitations, which limit the time frame in which a claim can be filed. Additionally, not all negative outcomes from medical treatment are considered medical malpractice. A healthcare provider may have followed the acceptable standard of care, but the outcome was not as anticipated due to the patient's condition or other factors outside of the healthcare provider's control.
If a person believes they have been the victim of medical malpractice, they should contact an experienced attorney to evaluate their case and determine their legal options. It is important to gather all relevant medical records and documents before seeking legal advice.
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