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Medical malpractice occurs when a healthcare professional neglects to provide appropriate treatment, take appropriate action, or gives substandard treatment that causes harm, injury, or death to a person.
Medical Malpractice: Improper or negligent medical treatment of a person under a medical professional's care, which results in injury or death.
When a doctor fails to administer treatment quickly enough and the patient's condition gets worse?or fails to respond to treatment?the doctor has exhibited medical negligence and could be liable for malpractice.
Malpractice a more specific term that looks at a standard of care as well as the professional status of the caregiver. To be liable for malpractice, the person committing the wrong must be a professional.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Under state law, a patient may pursue a civil claim against physicians or other health care providers, called medical liability or medical malpractice, if the health care provider causes injury or death to the patient through a negligent act or omission.