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What is Medical Malpractice?

In order to establish that medical malpractice occurred, the plaintiff must prove that the physician involved in his care deviated from the accepted standard of practice for that type of medicine.

Importantly, this does not mean that just because another physician would have done something differently that the defendant breached the standard of care. The plaintiff has to prove that no reasonable physician in that specialty would have done it that way. An error in judgment is not malpractice. 


Should I obtain my own medical records or should I get an attorney to obtain them for me? Why do medical malpractice cases take longer than normal legal cases?
Are physician expert witnesses easy to find and are they usually willing to testify against another physician? Do most medical malpractice cases result in a verdict in favor of the patient?
Do most medical malpractice cases settle? What fees do most medical malpractice lawyers charge?
Can any lawyer effectively review and handle a medical malpractice claim? What is the time limit for filing a medical malpractice claim?
Should I make a claim for any act of medical malpractice which is suspected? What do I do if I suspect that malpractice has occurred?
How come more medical malpractice acts do not result in claims? Do most patients realize that medical malpractice has occurred?
Does a bad outcome mean that medical malpractice has occurred? What is Medical Malpractice?
Are most medical malpractice awards subject to a cap on damages, if so, which damages are capped?