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Medical Malpractice: Basic Requirements for a Claim
Medical malpractice happens when a doctor or other health care professionals caused harm to the patient because a certain treatment is failed to do so. When you are going to bring lawsuit to the doctor or other health care professional is varying from one state to the other because medical malpractice has many rules. There are still principals and rules that are the same with the other states when it comes to medical malpractice cases. As an overview, here are some of the laws and special rules of medical malpractice.
For you to claim medical malpractice, you should prove these things happened.
A doctor-patient relationship is shown.
There should be a proof that there is actually a relationship between the doctor and the patient, as the doctor is hired by the patient and the doctors agrees to be hired as well. A doctor can’t be sued if the advice you heard is not directly from the doctor himself. If you and the doctor are having appointments and there is treatment, then it can be a proof that there is a doctor-patient relationship. If there is no direct consultation, it will be questioned whether the doctor-patient relationship exists or not.
A doctor is not liable for medical malpractice if you are just not happy with the results. A doctor is only liable if he or she is negligent with the diagnoses and the treatment. If there is a difference between the treatment given by your doctor and a competent doctor under the same case, and is causing you harm, your doctor can be held liable for it. The doctor does not need to be the best but he or she should be careful and skillful in treating his or her patients. The patient should hire a medical expert to explain the medical standard of care and the defendant is doing apart from the standard.
There is an injury caused by the doctor’s negligence.
Patients who were already injured or sick are the ones who are involved in medical malpractice. To whether who did the injury, negligence of the doctor or not, there is actually a harm. Like for example, it is very hard to prove that the cause of the patient who has lung cancer who died after the treatment, is the doctor’s negligence. It is important that the harm is directly caused by the incompetence of the doctor. There should be a medical expert to testify that it is the doctor’s negligence has caused the injury of the patient.
Specific damages caused by the injury.
Expected standards of harm are presented when suing a doctor for malpractice. You cannot file against a doctor for malpractice if the patient himself did not experience any harm. The types of harm that the patient may experience are physical pain, mental anguish, additional medical bills and loss of work and ability to earn money.
A medical malpractice lawyer can help you about medical practice if you want to know about this.