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Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury or death. This can include surgical errors, misdiagnosis, delayed diagnosis, medication errors, birth injuries, and failure to treat.
Proving medical malpractice requires establishing four elements: duty of care, breach of that duty, causation, and damages. Expert medical testimony is typically required to establish both the standard of care and how it was breached.
Statutes of limitations for medical malpractice vary by state. Some states also have damage caps and special procedural requirements. Our network attorneys can help you understand the laws that apply to your specific case.