Medical malpractice refers to a professional negligence or breach of duty by a healthcare provider that results in injury or harm to the patient. In order to file a medical malpractice claim, the following elements must be present:
- Duty of care - There must be a relationship between the healthcare provider and patient, where the healthcare provider is obligated to provide a certain standard of care.
- Breach of duty - The healthcare provider must have breached their duty of care by acting negligently, recklessly, or with intentional misconduct.
- Causation - The healthcare provider's breach of duty must have directly caused the injury or harm to the patient.
- Damages - The patient must have suffered harm or damages as a result of the healthcare provider's breach of duty.
It is important to note that medical malpractice claims are subject to a statute of limitations, which varies by jurisdiction. It is recommended to consult with a licensed attorney to determine the statute of limitations for a specific case.
Additionally, medical malpractice claims may be subject to caps on damages, which limit the amount of compensation a plaintiff can receive. Some jurisdictions also require plaintiffs to undergo a pre-lawsuit screening process before filing a medical malpractice claim.
If a patient or their loved one suspects medical malpractice has occurred, they should promptly seek legal advice from a licensed attorney who specializes in medical malpractice claims. The attorney can review the case and determine if there is a viable claim and provide guidance on the appropriate steps to take.
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