Q: What types of injuries qualify as medical malpractice rather than just risks assumed by a procedure you undergo?
A: This is a very fact specific determination that cannot possibly be answered with specificity based on the limited facts provided. Thus, if you believe you have sustained injuries as a result of medical malpractice, I recommend organizing all medical records and bills, and consult with an attorney individually for a consultation so you can obtain a comprehensive evaluation.
A: By and large, without being germane to any specific state, a common theory applied is that there was a duty of care, a breach of that duty, injury, and a causality between the breach and the ensuing injury. There are other theories as well, but this is a common one.
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