Medical malpractice is a negligence claim whereby the person bringing the claim is doing so because of a medical error of some kind. Whether it is failure to diagnose, doctor error or an error by some other medical professional, the purpose of the claim is to assess blame when an injury occurs as the result of medical negligence. For a medical malpractice claim to be valid, the individual bringing the claim has to prove its case in chief, which means that the required elements for this type of case have to be satisfied. There has to be a duty owed by the medical professional, a breach of that duty that resulted in a proximate and actual injury and damages.
Medical malpractice occurs when a medical professional has failed in his or her duty to provide appropriate medial care and that failure results in harm to the patient to some degree. Medical malpractice claims, whether they are based on doctor error, failure to diagnose or another incident, are negligence claims that have to be proven by satisfying and proving the elements that accompany it. In all negligence claims, one has to prove the existence of a duty, breach of that duty, proximate cause and damages for the claim to be successful.
At some point in our lives, we will all likely need medical assistance in some form or fashion. Regardless of the circumstances underlying the medical care, people tend to trust what doctors say and when that trust is breached that is when patients file medical malpractice lawsuits. Medical professionals are sued for medical malpractice when a patient feels that the doctor, or nurse or other medical personnel did not do what they were supposed to do medically and that inaction resulted in harm to said patient. Medical malpractice claims are based in tort law.
Medical malpractice claims are essentially negligence claims. A person bringing such a claim has to prove that the medical professional's mistake in fact happened and caused some type of damage. In other words, negligence cases require that the claimant prove there was a duty owed, that the duty owed was breached, and that the breach of that duty was the proximate cause of the damages suffered by the claimant. If this is done to the court's satisfaction, then the case will be successful. Failure to diagnose, doctor error and surgical error are all viable medical malpractice claims.