Medical malpractice occurs when a doctor, health care professional, hospital and other health care facility fails to care for someone in accordance with the accepted procedures of the medical profession and the person is injured, becomes ill or the condition of the patient worsens as a result.
What are the elements of a medical malpractice case?
In order to qualify in a medical malpractice case, you will need to show that:
- You were under the care of a physician;
- In the course of diagnosing you, or treating you, the physician failed to act as a doctor in the specialty should act; and
- As a result, you were injured, became ill, or a condition worsened.
Examples of medical malpractice case:
- Improper treatment
- Injury during birth (to child or mother)
- Prescription errors
- Failure to diagnose or misdiagnosis
- Failure to monitor
- Surgical errors
- Failure to inform of the risks of a particular procedure
