Medical malpractice is a type of negligence by a healthcare professional that causes injury or harm to a patient. It refers to an act or omission by a medical practitioner that deviates from the accepted standards of care in the medical community, resulting in injury, harm, or death to the patient.
Medical negligence, on the other hand, refers to a medical professional's failure to provide adequate care to a patient, but it may not necessarily lead to an injury or harm. Therefore, the difference between medical malpractice and medical negligence lies in the outcome of the treatment, which may or may not result in harm to the patient.
To establish a claim of medical malpractice, it must be shown that the healthcare professional had a duty of care towards the patient, that the duty was breached by the healthcare professional's negligent act or omission, and that the breach of duty resulted in injury or harm to the patient. Examples of medical malpractice may include surgical errors, misdiagnosis or delayed diagnosis, medication errors, or treatment that was not based on the patient's medical history or condition.
It is important to note that not all medical errors amount to medical malpractice. A healthcare professional may be held liable only if his actions or inactions resulted from an unreasonable deviation from the accepted standards of care within the medical community. The standard of care varies depending on the medical field, and it is established by expert testimony, which may require testimony from qualified physicians or medical experts.
If you or a loved one has been a victim of medical malpractice or medical negligence, you may be entitled to compensation for the damages suffered. To pursue a medical malpractice claim, it is recommended that you consult an experienced personal injury attorney who can review the facts of your case and provide legal guidance on the best course of action.
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