As a lawyer, medical malpractice is an act of negligence committed by a healthcare provider, such as a doctor, nurse, or hospital, that results in harm to the patient. Specifically, medical malpractice occurs when a healthcare provider fails to provide a certain standard of care that another reasonable healthcare provider would have done in the same situation.
Examples of medical malpractice can include misdiagnosis or failure to diagnose, surgical errors, medication errors, birth injuries, and failure to properly monitor a patient's condition. The harm caused by medical malpractice can range from minor injuries to severe disabilities or even death.
If you believe that you or a loved one has been a victim of medical malpractice, it is important to seek legal advice as soon as possible. However, it is important to note that medical malpractice cases can be complex and difficult to prove. In order to establish a case of medical malpractice, you will need to establish four elements: duty of care, breach of duty, causation, and damages.
Duty of care refers to the legal obligation of a healthcare provider to provide care to a patient that is consistent with the standards of care applicable to the specific medical specialty. Breach of duty occurs when the healthcare provider fails to uphold their duty of care, whether through a mistake or omission.
Causation refers to the link between the healthcare provider’s breach of duty and the harm that was caused to the patient. Finally, damages refer to the harm that was caused to the patient as a result of the healthcare provider's breach of duty.
If you believe that you or a loved one has been a victim of medical malpractice, it is important to gather all relevant documents, such as medical records and bills, and seek legal advice from a licensed attorney with experience in medical malpractice cases. Your attorney will be able to help you determine whether you have a viable case and help you navigate the legal process.
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