As a lawyer, I can provide legal advice on what qualifies as medical malpractice. Medical malpractice is a form of professional negligence that occurs when a healthcare provider, such as a doctor, nurse, or other medical professional, fails to provide the expected standard of care and causes harm to a patient as a result.
In order for an act to qualify as medical malpractice, the following elements must be present:
- Duty: The healthcare provider had a duty to provide care to the patient.
- Breach: The healthcare provider breached that duty by acting or failing to act in a manner that fell below the accepted standard of care.
- Causation: The breach in care caused harm to the patient.
- Damages: The patient suffered damages as a result of the harm caused.
Examples of medical malpractice include misdiagnosis or delayed diagnosis of a condition, surgical errors, medication errors, anesthesia errors, and failure to obtain informed consent. Additionally, medical malpractice can also occur in cases of birth injuries or harm to newborns during delivery.
It is important to note that not all medical errors or unfavorable outcomes constitute medical malpractice. A healthcare provider can be held liable for medical malpractice only if it can be proven that the provider violated the accepted standard of care and caused harm to the patient.
If you believe that you have been a victim of medical malpractice, it is important to consult with an experienced attorney as soon as possible. An attorney can help you determine if you have a valid claim, assess the damages you may be entitled to, and guide you through the legal process.
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