Medical Malpractice

Medical malpractice is a legal concept that occurs when a healthcare professional, such as a doctor or nurse, fails to provide the standard of care that is accepted and recognized in the medical profession, resulting in harm or injury to a patient. This failure can be due to negligent acts or omissions during diagnosis, treatment, health management, or aftercare.

Key elements of medical malpractice include:

• Duty of care: The healthcare provider has a legal obligation to care for the patient once a professional relationship is established.
• Breach of duty: The provider fails to meet the accepted standard of care, which means their actions or omissions fall below what is reasonably expected in similar circumstances.
• Causation: The breach of duty directly causes injury or harm to the patient.
• Damages: The patient suffers measurable harm, such as physical injury, pain, suffering, disability, or financial loss, as a result of the negligence.

Medical malpractice differs from general negligence in that it specifically involves healthcare professionals and the standards of medical practice. In some contexts, malpractice may also imply a degree of intent or knowledge that the act would cause harm, whereas negligence might be a mistake without intent.

In summary, medical malpractice is when a healthcare provider's failure to meet professional standards causes injury to a patient, and it provides a legal basis for patients to seek compensation for their damages.