Medical malpractice occurs when a healthcare professional deviates from the standard of care owed to a patient, resulting in injury or harm. This can include negligence, misdiagnosis, failure to diagnose, surgical errors, medication errors, and lack of informed consent.
To establish medical malpractice, the three elements of duty, breach of duty, and causation must be proven. The healthcare professional owes a duty of care to the patient, which means that they have a legal obligation to provide competent and appropriate medical treatment. The breach of duty occurs when the healthcare professional fails to meet this obligation, either through an omission or commission. Finally, causation must be established, which means that the breach of duty was the direct cause of the patient's injury or harm.
There are some limitations and exceptions to medical malpractice claims. For example, there may be limitations on the amount of damages that can be awarded, such as caps on non-economic damages or limits on punitive damages. Additionally, some states may require pre-suit notifications or arbitration before a lawsuit can be filed.
If you believe that you or a loved one has been the victim of medical malpractice, it is important to consult with a qualified attorney who can provide you with specific legal advice regarding your situation. They can help you understand your rights, evaluate your claim, and pursue legal action if necessary.
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