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Jun 21, 2018 // By:admin // No Comment

What are the Basic Requirement to Claim Medical Malpractice

Medical Malpractice arises when a doctor or nurse or other health care professionals failed to give medical treatment causing harm to the patient. The rules in medical malpractice varies from state to state. There are still principals and rules that are the same with the other states when it comes to medical malpractice cases. Here are the laws of medical malpractice explained briefly.

You should show all of these things in order for you to claim medical malpractice.

An existing doctor-patient relationship.
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. You can easily prove that there is a doctor-patient relationship if there is an actual appointment between the two of you, the doctor and the patient, involving treatment and medical advices. If there is no direct consultation, it will be questioned whether the doctor-patient relationship exists or not.

Negligence.

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. There should be a presentation of difference between the treatment done by the defendant and the treatment or the medical standard of care that is presented by a medical expert.

There is an injury caused by the doctor’s negligence.
Many cases in medical malpractice involve patients that were injured or sick already. To whether who did the injury, negligence of the doctor or not, there is actually a harm. A patient who has lung cancer and died after a treatment, for example, is very hard to prove that the doctor’s negligence or the cancer really caused the harm. It is important that the harm is directly caused by the incompetence of the doctor. Basically, a medical expert hired by the patient should testify that the cause of the harm is the doctor’s negligence.

All about the specific damages as a result of the injury.

There are standard types of harm that can be considered when suing a doctor for medical 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.

Now, these are just overview about medical malpractice, but if you really want to go deeper, you can go to you medical malpractice lawyer.

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