As a lawyer, I can provide legal advice on what is considered medical malpractice.
Medical malpractice is a legal term that refers to an act or omission by a healthcare provider, which falls below the accepted standard of care, and results in injury or harm to the patient. This can include an error in diagnosis, treatment, medication, or aftercare. It can also include a failure to inform the patient of the risks involved in a particular treatment, or a failure to obtain informed consent from the patient.
In order to prove a case of medical malpractice, the plaintiff must show that the healthcare provider had a duty to provide care to the patient, that the healthcare provider breached that duty by acting or failing to act in a manner consistent with accepted medical standards, and that the breach of duty caused the patient's injury or harm.
There may be some potential limitations or exceptions to filing a medical malpractice claim. Each state has its own laws and regulations regarding medical malpractice, including statute of limitations and damage caps. In addition, not every adverse outcome or injury from medical treatment is considered malpractice. A patient must show that the provider's actions were below the accepted standard of care, and that the breach of duty caused the injury or harm.
If you suspect that you or a loved one has been the victim of medical malpractice, it is important to seek legal advice from an experienced attorney who can evaluate the specific facts of your case and determine whether you may have a valid claim.
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