Medical malpractice occurs when a healthcare provider fails to provide adequate care, treatment, or advice to a patient which results in injury or harm. The following situations are considered medical malpractice:
- Misdiagnosis or delayed diagnosis - A physician's failure to diagnose a disease or to diagnose it accurately may be considered malpractice if it caused the patient harm or injury.
- Surgical errors - Errors committed during surgery, such as leaving surgical instruments inside the patient's body or operating on the wrong body part, can result in malpractice claims.
- Medication errors - This may occur when the healthcare provider gives the wrong medication or the wrong dosage, or fails to monitor a patient's medication use to prevent harmful interactions.
- Birth injuries - If a physician or medical staff fails to recognize or respond to complications during delivery, resulting in injury or harm to the baby or mother, this may be a case of medical malpractice.
- Informed consent issues – Medical Malpractice claims can arise if patients are not properly informed of the risks of a particular treatment or procedure, or if they do not give their consent to the medical procedure.
It is important to note that not all negative outcomes or medical errors constitute medical malpractice. One must establish the standard of care that applies to the particular situation in question and demonstrate how the healthcare provider's actions or inactions fell below that standard of care. Similarly, there are limitations and exceptions to medical malpractice claims. For example, some states have placed caps on the amount of damages that can be awarded in medical malpractice cases, and some jurisdictions may require expert testimony to establish the standard of care.
If you believe that you have been a victim of medical malpractice, it is important to speak with an experienced medical malpractice attorney who can evaluate your situation and provide further advice on the legal options available.
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