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DEFINITION
Medical Negligence is a mistake or error by your doctor. These
mistakes arise from the doctor (or any licensed health care provider)
failing to exercise the degree of skill, care, and learning possessed
by other health care providers in the same field of medicine, and failing to follow the accepted standard of care.
Negligence is based upon the Breach of a Duty. A health care provider
has a Duty to provide care that meets the required Standard of Care.
That Standard is determined by looking to the quality of care provided
by the average, or by most, health care providers in that particular
field of medicine. If the care provided by your doctor falls below
the required Standard, then they have breached their duty to you,
and they are liable for all injuries and damages caused by the breach
of their duty.
Not all medical injuries arise from negligence. There are inherent
risks in medical procedures. The providers are not the guarantor
of success. They simply must provide a level of care that is consistent
with the accepted medical standard for that field of medicine.
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