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Medical Malpractice: Basic Requirements for a Claim

Medical Malpractice arises when a doctor or nurse or other health care professionals failed to give medical treatment causing harm to the patient. There are rules about medical malpractice and it differs from one state to the other. But there are common and general principals and categories of rules that can be applied to most 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.

There is a 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. If the advice you just overheard from the doctor is not given directly unto you then the doctor can’t be sued. If the doctor really sees you and begins treating you, then, there is an actual doctor-patient relationship. It will be hard for you to prove a doctor-patient relationship if the doctor did not directly treat you.

Negligent doctor

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 the doctor is treating you differently compared to a competent doctor under the same circumstance and is causing you harm, then you can sue the doctor. What matters is that a doctor should be careful and skillful in any way. The patient should hire a medical expert to explain the medical standard of care and the defendant is doing apart from the standard.

Doctor’s negligence causing injury to the patient.
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. The incompetence of the doctor directly cause the harm should be shown. Basically, a medical expert hired by the patient should testify that the cause of the harm is the doctor’s negligence.

Injury leading to specific damages.

There are standard types of harm that can be considered when suing a doctor for medical malpractice. You cannot sue a doctor for malpractice if you did not experience any harm. If there is evidence of physical pain, mental anguish, additional medical bills and loss of work and ability to earn money, then the patient can sue the doctor for medical practice.

In order to know about this, you may contact a medical malpractice lawyer to enlighten you more about medical malpractice.

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