What is Medical Malpractice ?

Staff Writer
Contributor
Posted by Staff WriterNovember 07, 2005 3:40 PM

Medical malpractice concerns negligence or errors made by health care professionals such as doctors, nurses, dentists, hospital or nursing home personnel, or other care providers.

A person who is injured by medical malpractice generally must prove four things:

DUTY: An injured consumer must prove that the caregiver owed a duty to provide reasonable care. For example, a doctor who treats you owes you this duty.

BREACH: An injured consumer also must prove that the caregiver's acts or omissions breached or violated the caregiver's legal duty to provide reasonable care to the person.

CAUSATION: An injured consumer must prove that the caregiver's breach of the duty to provide reasonable care -- or negligence-- caused his or her injury or damage.

DAMAGES: And, finally, injured consumers must prove that they were damaged or injured by a caregiver's negligence.

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