What constitutes medical malpractice?
March 21, 2024 • Legal Team
Medical malpractice occurs when a healthcare provider's negligence causes harm. Here's what you need to know:
Common Types of Medical Malpractice
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication mistakes
- Birth injuries
- Anesthesia errors
- Failure to treat
- Lack of informed consent
Elements Required to Prove Malpractice
Doctor-Patient Relationship
- Formal agreement of care
- Documentation of treatment
- Medical records verification
Standard of Care Violation
- Deviation from accepted practices
- Comparison to similar providers
- Expert testimony requirements
Causation
- Direct link between error and injury
- Proof of resulting harm
- Documentation of outcomes
Statute of Limitations
- State-specific deadlines
- Discovery rule applications
- Special circumstances
- Minor patient considerations
Remember: Medical malpractice cases require expert testimony and substantial documentation.