Synonyms
Professional negligence
Definition
Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. The physical or emotional injury is not considered intentional yet it deviates from the generally accepted standards of care that then results in harm to the patient. Negligence by a medical professional can include an error in diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a legal case for medical malpractice can arise against the doctor and the hospital and local, state, or federal agencies that operate the treating facility.
Physicians and the facilities, where treatment is rendered, owe a duty of care and proper environment to those who seek their treatment. A person who alleges negligent medical malpractice must prove four elements to proceed with a claim. First, they must establish that duty of care was owed by the physician. Next, the claimant...
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References and Readings
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DeFabrique, N. (2018). Medical Malpractice. In: Kreutzer, J.S., DeLuca, J., Caplan, B. (eds) Encyclopedia of Clinical Neuropsychology. Springer, Cham. https://doi.org/10.1007/978-3-319-57111-9_1007
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