Tort Lawspace Medical Malpractice


Medical malpractice is a specific kind of negligence and is governed by general negligence rules. Medical Malpractice occurs when a medical practitioner acts negligently while treating a patient. Malpractice is usually only actionable when damage was caused as a result of the negligence, though the damage need not necessarily be physical damage. Malpractice can take the form of a negligent action taken by the medical practitioner, or by the failure to take a medically appropriate action. Many examples may be given: failure to diagnose or a misdiagnosis of a disease or medical condition; failure to provide appropriate treatment; unreasonable delay in treating a diagnosed medical condition; failure to fully explain the process to the patient; failure to keep full medical records, etc. In order to prove medical negligence an expert medical opinion must be filed claiming the existence of negligence and the damage that was caused by the negligence.
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