Medical malpractice occurs when a health care professional deviates from the standard of care that is expected of them, resulting in harm or injury to a patient. The standard of care is determined by what a reasonable and prudent health care professional in the same field of practice, with similar training and experience, would have done in the same situation.
Examples of medical malpractice include misdiagnosis, failure to diagnose, wrong site or wrong procedure surgeries, medication errors, and failure to obtain informed consent from the patient before a procedure or treatment.
In order to prove medical malpractice, a patient must establish a number of elements:
- The existence of a duty: The doctor had a legal duty to provide adequate medical care to the patient.
- Breach of that duty: The doctor deviated from the applicable standard of care.
- Causation: The deviation from the standard of care caused the patient's injury or harm.
- Damages: The patient suffered an injury or harm that can be compensated by law.
It is important to note that not all poor medical outcomes are the result of malpractice. Sometimes, a medical procedure or treatment may not yield the desired result despite the health care professional's best efforts to provide adequate care. In such cases, there may be no malpractice liability.
If you suspect that you or a loved one has been the victim of medical malpractice, it is important to seek the advice of an experienced medical malpractice attorney. They can investigate your case, determine if malpractice occurred, and advise you on your legal rights and options.
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