Medical Malpractice

To succeed in a medical malpractice action, it is necessary to prove that there was a breach of the applicable standard of care.

Medical Malpractice

Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Claims of medical malpractice, when pursued in US courts, are usually processed as civil torts, but are sometimes subject to criminal procedures.

Medical professionals may obtain professional liability insurances to offset the costs of lawsuits based on medical malpractice. Further establishment of conditions of intention or malice may be applied where applicable.

A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
A duty was breached: the provider failed to conform to the relevant standard care.
The breach caused an injury: The breach of duty was a direct cause and the proximate cause of the injury.
Deviation from the accepted standard: It must be shown that the practitioner was acting in a manner which was contrary to the generally accepted standard in his/her profession.
Further establishment of conditions of intention or malice where applicable.
Damage: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.

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