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Medical Malpractice: Basic Requirements for a Claim

Medical malpractice occurs when a doctor or other medical professional failed to perform his duties resulting in harming the patient. 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. But there are common and general principals and categories of rules that can be applied to most medical malpractice cases. To know more about the special rules of medical malpractice, here is an overview about the law.

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

A doctor-patient relationship is shown.
Provide evidence that there is a physician-patient relationship, which means the doctor is hired by the patient and the doctors agrees unto it. 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.

The doctor is negligent.

A doctor’s liability for malpractice can’t be claimed if you are just not happy with the results of the treatment given to you. 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. What matters is that a doctor should be careful and skillful in any way. 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.
In many cases of medical malpractice, patients who are already injured and sick are involved. To whether who did the injury, negligence of the doctor or not, there is actually a harm. It is very hard to prove the doctor’s negligence causes the harm of the patient who died after the treatment of lung cancer. It is important that the harm is directly caused by the incompetence of the doctor. There should be a testimony from a medical expert that the injury is caused by the negligence of the doctor.

Injury leading to specific damages.

There are clear standard expectations of harm that is considered that the doctor is held liable 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.

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