Medical malpractice refers to any action or omission by a healthcare provider that leads to harm, injury or death to a patient. Medical malpractice claims can be filed against doctors, nurses, technicians, hospitals and other medical facilities.
In order to prove medical malpractice, four elements must be established:
- The existence of a duty of care: The medical practitioner had a duty to the patient to provide competent medical care
- Breach of duty: The medical practitioner breached their duty of care by providing substandard care that deviated from the acceptable medical standard
- Causation: The breach of duty caused the patient harm or injury
- Damages: The patient suffered damages as a result of the breach
Examples of medical malpractice include surgical errors, misdiagnosis or delayed diagnosis, medication errors, failure to obtain informed consent, and failure to properly monitor a patient's condition.
It is important to note that not all bad outcomes in medical treatment are due to medical malpractice. In some cases, the healthcare provider may have acted reasonably and appropriately, but the patient's condition worsened despite the best efforts of the healthcare provider. In these cases, the healthcare provider would not be liable for medical malpractice.
If you believe you or a loved one have been a victim of medical malpractice, it is important to seek legal advice from an experienced attorney specializing in medical malpractice. They can review your case and determine if you have a valid claim. It is also important to file within the statute of limitations for your state, which varies between states.
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