Malpractice in the Medical Field
Malpractice in the medical field refers to any act or omission by a healthcare professional that deviates from the accepted standards of care, thereby causing harm or injury to a patient. In such cases, the healthcare professional may be held liable for medical malpractice.
Examples of medical malpractice include:
- Misdiagnosis
- Failure to diagnose
- Surgical errors
- Prescribing the wrong medication
- Failure to obtain informed consent
- Failing to provide adequate follow-up care
To establish medical malpractice, the plaintiff must prove that the healthcare professional breached his or her duty of care to the patient and that such breach caused the patient’s injury or harm.
There may be certain limitations to the above detailed principles, which vary from state to state depending on the laws and legal precedents in the relevant jurisdiction. Healthcare professionals may also have certain legal protections and defenses available to them, such as the “good faith” defense, which may excuse negligent or reckless conduct if such conduct was performed in the interest of the patient.
If a patient suspects that he or she has been a victim of medical malpractice, it is important to consult with a licensed attorney in the jurisdiction where the incident occurred to understand the applicable laws and legal options available.
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