Medical malpractice refers to professional negligence or carelessness committed by a healthcare provider, resulting in harm or injury to a patient. In the United States, medical malpractice is defined as a breach of a healthcare provider's duty of care that causes an injury to a patient.
The four elements of medical malpractice are duty, breach, causation, and damages. First, the healthcare provider must have a duty to the patient, which is typically established through a provider-patient relationship. Second, the provider must have breached their duty by failing to provide care that is consistent with prevailing medical practices. Third, the breach must have caused harm or injury to the patient. Finally, the patient must have suffered damages as a result of the harm or injury caused by the provider.
Examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis of an illness or condition
- Surgical errors
- Medication errors
- Failure to obtain informed consent
- Failure to monitor a patient's condition during treatment
It is important to note that not every mistake made by a healthcare provider constitutes medical malpractice. Additionally, medical malpractice laws vary by state, so it is important to consult with a licensed attorney in the relevant jurisdiction to understand the specifics of a potential case.
If a patient believes they may have been a victim of medical malpractice, they should consult with an experienced attorney who can evaluate their case and provide guidance on next steps, which may include filing a lawsuit or pursuing a settlement. It is important to act quickly, as there are typically strict time limits for filing a medical malpractice claim.
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