Medical malpractice is a specific type of personal injury claim that involves a healthcare professional providing substandard medical care to a patient, which results in injury or harm to the patient. Examples of medical malpractice cases can include surgical errors, misdiagnosis of a medical condition or illness, medication errors, and failure to provide adequate care to a patient.
To prove medical malpractice, the following four elements must be present:
- The healthcare professional had a duty of care to the patient;
- There was a breach of that duty of care;
- The breach of duty of care caused harm or injury to the patient; and
- There were damages or losses as a result of the harm or injury suffered by the patient.
It is important to note that there are certain limitations and exceptions to medical malpractice claims that can vary by jurisdiction. For instance, some states require that the healthcare professional be a licensed medical practitioner, and others may impose limitations on the amount of damages that can be awarded.
If you believe that you have been a victim of medical malpractice, it is recommended that you seek the advice of a licensed attorney who specializes in this area of law. An attorney can help determine whether or not you have a case to pursue and can guide you through the legal process.
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