Unfortunately, although egregious medical errors and other forms of medical negligence occur every day, relatively few victims of this form of professional negligence take advantage of their rights under the law. The fact that it is not always clear when medical malpractice has occurred is one of the primary reasons driving this reality.
For most people, “medical malpractice” is a vague legal term that is not easily applied to individual circumstances. This is understandable. This area of the law is both complex and highly contextual. As a result, unless a healthcare provider admits to making a mistake or it is clear that a preventable situation has gone terribly wrong, it is rarely easy to identify and respond to incidents of medical malpractice.
When Does Medical Malpractice Occur?
Medical malpractice occurs when a patient suffers harm while under the care of a healthcare professional, subject to specific legal and professional criteria. Generally speaking, if a healthcare provider – either by action or omission – causes a patient harm due to engaging in a professionally substandard level of care, medical malpractice has likely occurred.
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