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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.
A plaintiff must establish all five elements of the tort of negligence for a successful medical malpractice claim. [11] A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. A duty was breached: the provider failed to conform to the relevant standard care.
Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.
However, according to Texas law emergency care cases require plaintiffs to prove "willful and wanton negligence" by hospitals, and she has reportedly been unable to find an attorney to take her ...
Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice. [3] For example, to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer.
In some U.S. states, such as Florida, substantially similar language is used for the crime of culpable negligence. The offense is intended to prohibit and therefore deter reckless or wanton (of a cruel or violent action, deliberate and unprovoked conduct) conduct that wrongfully creates a substantial risk of death or serious injury to others.
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