What Is Medical Malpractice? (Maryland, California, Florida, North Carolina, South Carolina)

What is medical malpractice? Here are the “official” definitions of medical malpractice from Maryland, California, Florida, North Carolina, and South Carolina:

Maryland 

MD. COURTS AND JUDICIAL PROCEEDINGS, Code Ann. § 3-2A-02 (2012) § 3-2A-02. Exclusiveness of procedures(1) In any action for damages filed under this subtitle, the health care provider is not liable for the payment of damages unless it is established that the care given by the health care provider is not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.

California

CALIFORNIA CODES, CODE OF CIVIL PROCEDURE, SECTION 1295 (2) “Professional negligence” means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.

Florida

766.102 Medical negligence; standards of recovery; expert witness.— 1) In any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a health care provider as defined in … the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.

North Carolina

Article 1B. Medical Malpractice Actions. § 90-21.12. Standard of health care. (a) Except as provided in subsection (b) of this section, in any medical malpractice action as defined in G.S. 90-21.11(2)(a), the defendant health care provider shall not be liable for the payment of damages unless the trier of fact finds by the greater weight of the evidence that the care of such health care provider was not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities under the same or similar circumstances at the time of the alleged act giving rise to the cause of action; or in the case of a medical malpractice action as defined in G.S. 90-21.11(2)(b), the defendant health care provider shall not be liable for the payment of damages unless the trier of fact finds by the greater weight of the evidence that the action or inaction of such health care provider was not in accordance with the standards of practice among similar health care providers situated in the same or similar communities under the same or similar circumstances at the time of the alleged act giving rise to the cause of action.

South Carolina

Title 15 – Civil Remedies and Procedures CHAPTER 79. MEDICAL MALPRACTICE ACTIONS SECTION 15-79-110. Definitions. (6) “Medical malpractice” means doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.

If you, a family member, a loved one, or a friend may have been injured as a result of medical malpractice in Maryland, California, Florida, North Carolina, South Carolina, or in another state in the United States, you should promptly seek the advice of a local medical malpractice attorney in your state to discuss your possible medical malpractice claim.

Click here to visit our website or telephone us on our toll-free line (800-295-3959) to be connected with medical malpractice lawyers in Maryland, California, Florida, North Carolina, South Carolina, or in your state, who may be willing to investigate your possible medical malpractice claim for you and represent you in your medical malpractice case, if appropriate.

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This entry was posted on Saturday, September 8th, 2012 at 11:54 am. Both comments and pings are currently closed.

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