Medical Malpractice

Medical malpractice refers to situations where a healthcare professional or provider deviates from the standard of care expected in their profession, leading to harm or injury to a patient. These cases involve professional negligence in medical treatment, diagnosis, or care, and typically require demonstrating specific elements to establish a valid claim:

1. Duty of Care: The healthcare professional owed a duty to the patient based on their professional relationship.
2. Breach of Standard of Care: The healthcare professional failed to meet the standard of care that a competent professional in the same field would provide under similar circumstances.
3. Causation: There must be a direct link between the breach of care and the patient's injuries, demonstrating that the negligence contributed significantly to harm.
4. Damages: The patient must have suffered actual harm or damages, which can include physical injuries, emotional distress, medical expenses, lost income, or other losses.

Examples of Medical Malpractice:

• Surgical errors or unnecessary surgeries.
• Misdiagnosis or failure to diagnose a medical condition.
• Medication errors, including incorrect prescriptions or dosages.
• Birth injuries due to negligence during childbirth.
• Failure to obtain informed consent from the patient.
• Negligent supervision or training of medical staff.

Medical malpractice cases are complex and jurisdiction-specific, often requiring expert medical testimony to establish the standard of care and deviation from it. Successful claims may result in compensation through settlement or court judgment. Due to their complexity, legal representation is typically essential when pursuing medical malpractice claims.