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Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Medical malpractice lawsuits attempt to hold medical professionals liable when they have failed to proved a professional standard of care. Examples of medical malpractice include:
In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts. While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following:
A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (eg. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery. |
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