Medical Malpractice

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Definition of Medical Malpractice

Doctors, dentists, nurses, and pharmacists owe their patients a duty of care. If they fail to perform their duty they can be held liable for injuries and loss. Medical malpractice is generally an issue of negligence and the doctor's failure to exercise the ordinary care that another doctor in their situation would have used in the same circumstance. Medical malpractice can be proven by the plaintiff if four elements for the claim can be met 1) the doctor owed the patient a duty of care; 2) the physician violated the applicable standard of care; (3) the person suffered injury; and (4) the injury was caused by the substandard conduct of the professional. To win their medical malpractice claim, the plaintiff must prove all four elements of their medical malpractice lawsuit.

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