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Medical malpractice occurs when a healthcare provider provides medical service that deviates from the acceptable medical community standards of practice and as a result causes harm to the patient. The community standards of practice are those standards adhered to by members of the local medical community who have the same or similar level of training, level of expertise, knowledge, and patient care as the healthcare provider. A healthcare provider may be a physician, dentist, nurse, chiropractor, psychologist, or therapist. A plaintiff may also bring suit against the healthcare provider's employer or the local, state or federal agency operating a hospital on a vicarious responsibility theory. Such a case may be brought when the employee committed negligence while acting within the scope of employment. A suit may also be brought against a hospital or medical facility that negligently hires a healthcare worker that is an independent contractor rather than an employee. |
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