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Medical Malpractice is healthcare which violates medical standards. In order to commit malpractice, a doctor must do something that no competent physician would have done. Or, the doctor must fail to do something that any competent physician would have done.
In order to succeed in a malpractice claim, you must prove liability, damages and causation. Liability means that the health care provider who treated you must have violated medical standards. Damages means that you must have suffered serious economic damage or substantial physical injury. Causation means that the damages must have been caused by the substandard medical treatment. All three of these elements must be proven by expert testimony.
Medical standards define the correct medical response to a given situation as generally recognized by competent physicians. There is no one book or list that describes medical standards. Medical standards can be found in medical text, medical journals and are taught in medical and nursing schools. Competent physicians may have different views on what the medical standards are. Furthermore, medical standards change over time as medical procedures change.
Learn more about common types of medical malpractice.
Hospital & Nursing Home Malpractice
Birth & Pregnancy Related Malpractice
Physician & Surgeon Malpractice
Surgical Injuries & Errors
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