Medical malpractice occurs when a healthcare professional breaches the standard of care and causes injury or harm to a patient as a result of the breach. This breach of standard of care can result from a healthcare professional's negligence, mistake, or omission during diagnosis, treatment, or aftercare. Examples of medical malpractice include misdiagnosis or delayed diagnosis, surgical errors, prescribing the wrong medication, failure to provide proper medical treatment, and failure to obtain informed consent from a patient.
To prove medical malpractice, a plaintiff must demonstrate that the healthcare professional had a duty to provide the standard of care, that the healthcare professional breached that duty, that the breach caused the patient's injury or harm, and that the patient suffered damages as a result. In addition, the plaintiff must show that a competent healthcare professional would not have made the same mistake in similar circumstances.
It's important to note that not every bad outcome or mistake by a healthcare professional is considered malpractice. Some medical procedures have inherent risks, and not all medical mistakes rise to the level of malpractice. To determine whether an individual has a medical malpractice case, it's best to consult with a licensed attorney who practices in this area of law.
If an individual believes they have been a victim of medical malpractice, they should document any injuries or harm and seek out medical attention for any ongoing problems. They should also contact a licensed attorney who specializes in medical malpractice cases to discuss their legal options. In addition, some states have specific laws that require a plaintiff to provide a notice of intent to sue in advance of filing a lawsuit. Therefore, it is vital to speak with a licensed attorney as soon as possible to ensure timeliness and compliance with state laws.
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