Legal cause of action when health professionals deviate from standards of practice harming a patient
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Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient.[1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
An act of medical malpractice usually has three characteristics. Firstly, it must be proven that the treatment has not been consistent with the standard of care, which is the standard medical treatment accepted and recognized by the profession. Secondly, it must be proven that the patient has suffered some kind of injury due to the negligence. In other words, an injury without negligence or an act of negligence without causing any injury cannot be considered malpractice. Thirdly, it must be proven that the injury resulted in significant damages such as disability, unusual pain, suffering, hardship, loss of income or a significant burden of medical bills.[2]
^"Proving a Medical Malpractice Case I – Proving Negligence (Part II)". Physician's Weekly. April 20, 2017. Retrieved December 13, 2017.
^"What is Medical Malpractice?". American Board of Professional Liability Attorneys. Retrieved March 5, 2021.
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