Learn more about the medical experts role in establishing liability and why a medical malpractice lawsuit is often referred to as a battle of the experts how do i prove medical malpractice medical negligence. Medical malpractice occurs when a patient is harmed by a doctor or other medical professional who fails to competently perform his or her medical duties the rules about medical malpractice from when you must bring your lawsuit to whether you must notify the doctor ahead of time vary from . Medical malpractice improper unskilled or negligent treatment of a patient by a physician dentist nurse pharmacist or other health care professional negligence is the predominant theory of liability concerning allegations of medical malpractice making this type of litigation part of tort lawsince the 1970s medical malpractice has been a controversial social issue
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