What is medical malpractice?

Medical malpractice is a type of negligence action that arises when a healthcare provider deviates from the standard of care when treating a patient, resulting in harm to the patient. This type of negligence can occur in a variety of ways, such as if a healthcare provider fails to diagnose an illness or injury correctly, prescribes the wrong medication, or performs the wrong procedure. In Kansas, medical malpractice is governed by a state medical malpractice statute known as the Kansas Medical Malpractice Act. This act sets forth certain requirements that must be met before a plaintiff can file a medical malpractice lawsuit, such as providing evidence that the healthcare provider deviated from the accepted standard of care and that harm resulted from the deviation. If the plaintiff is successful in proving their case, they can be entitled to monetary damages for medical expenses, lost wages, pain and suffering, and other related losses.

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