What is Medical Malpractice?

April 2023

Medical malpractice is a type of personal injury claim.  This type of claim arises when a healthcare provider fails to provide proper care that results in harm or injury to a patient.  An example of a healthcare provider is a doctor or a nurse.  A medical malpractice case can be extremely complex.

A medical malpractice case can take many forms.  A few of the common types include surgical errors, delayed diagnosis, birth injuries and the failure to provide proper follow up care.  For each type of medical malpractice case, the proper standard of care needs to be determined.  The standard of care is the level of care that a reasonably prudent medical professional would provide in a similar situation.  The main question in a medical malpractice case is whether healthcare provider's actions or omissions fell below the standard of care and whether the breach of the standard of care caused injuy.

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