MEDICAL MALPRACTICE

What is Medical Malpractice?

Medical Malpractice takes place when a patient is injured because a doctor (health care provider) has wrongfully, improperly, and negligently diagnosed or improperly treated that patient's medical condition. For example, malpractice might have occurred if a doctor failed to prescribe a certain type of medication or a hospital's staff neglected to perform a specific tests in order to make a complete evaluation of a patient. In certain instances, the medical error is apparent, however in most cases there are complicated medical issues that need to be completely evaluated before determining whether medical malpractice has actually occurred.

Elements of a medical malpractice claim

• The health care provider owed a duty to the patient
• The health care provider breached that duty
• The patient suffered an injury
• The patient's injury was a proximate cause of the health care provider's breach

Filing a medical malpractice claim
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

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