What types of cases fall under the umbrella of medical malpractice?
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As a lawyer, I can provide legal advice on various legal matters. With regards to the question of what types of cases fall under the umbrella of medical malpractice, the following are the pertinent pieces of information:
Medical malpractice refers to any act of neglect or negligence committed by a medical professional that results in injury or harm to a patient. Generally, medical malpractice cases arise when a healthcare professional fails to meet the standard of care expected of them in the treatment of a patient.
For a case to be considered medical malpractice, the following elements must be present:
- Duty of care: The medical professional must have had a duty of care towards the patient.
- Breach of duty: The medical professional must have breached the duty of care by performing an act that a reasonable medical professional would not have done or omitting to perform an act that a reasonable medical professional would have done.
- Injury: The breach of the duty of care must have caused an injury or harm to the patient.
- Causation: There must be a causal link between the breach of duty and the injury or harm caused.
Examples of cases that fall under the umbrella of medical malpractice include:
- Misdiagnosis or delayed diagnosis of a medical condition
- Surgical errors or mistakes made during surgery
- Medication errors resulting in injury or harm to the patient
- Failure to inform the patient of potential risks or complications associated with a medical procedure or treatment
- Failure to properly monitor a patient's condition during or after a medical procedure or treatment
It is worth noting that medical malpractice cases can be complex, and the burden of proof rests on the plaintiff who must show that a healthcare professional's actions or inactions caused their injury or harm.
In addition, the process of pursuing a medical malpractice case may be subject to specific procedural requirements, such as filing pre-litigation notices and obtaining expert testimony. It is, therefore, important to seek the advice of a licensed attorney specialized in medical malpractice cases if you believe that you or a loved one has been a victim of medical malpractice.
