Medical malpractice occurs when a healthcare professional, such as a doctor or nurse, fails to provide the standard of care that is expected of them, resulting in injury or harm to a patient. This may include misdiagnosis, failure to diagnose a condition, improper treatment, medication errors, surgical errors, or lack of informed consent.
To establish medical malpractice, the following elements must be proven:
- Duty: The healthcare professional owed a duty of care to the patient.
- Breach: The healthcare professional breached this duty of care by failing to provide treatment that is consistent with the appropriate medical standard of care.
- Causation: The healthcare professional's failure to provide the appropriate standard of care caused the patient's injuries.
- Damages: The patient suffered damages as a result of the healthcare professional's failure to provide the appropriate standard of care.
It is important to note that not every bad medical outcome is the result of medical malpractice. To establish medical malpractice, it must be proven that the healthcare professional did not provide the appropriate standard of care, and this failure caused the patient harm.
There are also certain limitations and exceptions to medical malpractice claims, including time limitations for filing a claim and caps on damages in some states. It is important to consult with a licensed attorney if you believe you have been a victim of medical malpractice to determine the specific laws and limitations that apply to your situation.
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