What is Medical Malpractice?
October 08, 2008 @ 03:52 PM — by unknown
Medical malpractice is a term that is commonly used, but often misunderstood. What follows is an explanation of what medical malpractice law covers and how it may apply to you.
Medical malpractice occurs when a health care provider commits an act of negligence during the care of their patients. This act can be a physical act which affects the patient's body (such as a mistake resulting in a birth injury), an act of omission by failing to provide the patient with pertinent information, or lying about said information.
In the United States, in order for medical malpractice to be duly established, the plaintiff (patient) must be able to establish proof against the defendant (the health care provider) that is based on four main criteria. These four criteria must be established in order to prove that medical malpractice was present and that the provider was negligent in care.
The four main criteria for establishing negligence and medical malpractice are:
A duty was owed to the
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