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Medical malpractice arises when a medical professional fails to exercise due diligence or adequate levels of care, whether intentional or unintentional, resulting in an injury or harm to an individual in their care.
The medical professional must exhibit and demonstrate professional skills in the “assignment” that they have accepted according to the standard of care, skill and education together with the circumstances in their given community.
Each professional is measured according to what is reasonable care for their field of practice and their clients in the same geographic location. In order for someone to suffer medical malpractice, a loss, injury or damages must have been incurred as a result of the misconduct of the medical professional.