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How is medical malpractice defined?

Medical malpractice is a large umbrella term that many potential cases fall under. As a patient in California who has been wronged by a medical professional in some way, you may be wondering if what you went through could be considered medical malpractice.

According to Medical News Today, medical malpractice can be both intentional or unintentional and almost always involves some sort of error. One of the following things must occur:

  • Appropriate action is not taken
  • Necessary or correct treatment is not provided
  • Substandard treatment occurs

Due to these actions, you may have suffered an injury. In some severe cases of medical malpractice, the victim may even die. In these situations where damage has been done either due to a failure to diagnose, misdiagnosis, or incorrect treatment, you have a medical malpractice case. The damage can also occur at any point in your treatment, from the diagnosis itself to the aftercare and any step in between.

These cases can still be somewhat tricky to handle due to the interpretation room that's left in medical malpractice laws. Regulations and medical standards not only differ from country to country, bu they can even differ within states. This may make it difficult to pinpoint who or what was at fault for any injury that you may have received during your treatment or care.

Dealing with medical malpractice can be difficult, especially when you aren't sure if you even have a case. However, with your health and finances on the line, it may be something you want to pursue.

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