What is considered medical malpractice?

Medical malpractice refers to an act or omission by a healthcare provider that falls below the standard of care that a reasonable healthcare provider would provide under similar circumstances, resulting in harm or injury to the patient. Medical malpractice can occur in various healthcare settings, including hospitals, clinics, and private practices.

Examples of medical malpractice may include failure to diagnose or misdiagnosis of a medical condition, surgical errors, medication errors, failure to treat a medical condition, and failure to obtain informed consent before conducting a medical procedure.

To establish medical malpractice, the plaintiff must prove the following four elements:

1. the healthcare provider had a duty to the patient;
2. the healthcare provider breached that duty by failing to provide the standard of care required under the circumstances;
3. the patient suffered harm or injury; and
4. the healthcare provider's breach of duty was the proximate cause of the harm or injury suffered by the patient.

It is important to note that medical malpractice laws vary by jurisdiction, and the requirements for establishing medical malpractice may differ from one state to another. Additionally, some states impose caps on the amount of damages that a plaintiff can recover in a medical malpractice lawsuit, and there may be limitations on the types of damages that can be recovered.

If you believe that you or a loved one may have been the victim of medical malpractice, it is advisable to consult with an experienced medical malpractice attorney who can evaluate the facts of your case and provide you with guidance on the legal options available to you.