Medical malpractice is most commonly associated with doctors making mistakes in treating patients, but the scope of medical malpractice is much larger. Medical malpractice includes any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient.
Elements to Prove Medical Malpractice
Medical malpractice claims must satisfy all of the following:
· Injury - the doctor or health care provider caused injuries
to the patient.
o This is very often difficult to prove. Most likely you were not in
the best of health when you first went to see the doctor, and you don't
have the medical expertise to prove the injury connection. You usually
need an expert witness to testify on your behalf.
· Negligence- carelessness on behalf of the doctor or health
care provider.
o You must show that the medical treatment fell below the "accepted
standard of care."
o The test for "accepted standard of care" is generally what
a reasonable health care professional in your community would do in
similar circumstances.
· Statute of limitations - the time limit when you must bring
a claim.
o The time limit for filing medical malpractice claims varies from 1-7
years depending on your state.
Common Types of Medical Malpractice
· Failure to Perform Surgery or Other Medical Procedure Properly
· Delay in Treatment
· Failure to Properly Explain Medical Procedure or Potential
Side Affects
· Prescription Errors
· Failure to Diagnose Medical Condition
· Improper Treatment
Winning A Medical Malpractice Case
Medical malpractice claims are very difficult to pursue. Most medical malpractice cases are very expensive because they involve numerous expert medical witnesses and complicated facts. Doctors are usually unwilling to admit any errors, and have the resources to contest any lawsuit. Many clients hire lawyers to help them pay the initial costs and provide the expertise to win a medical malpractice case.
Do You Need a Lawyer Experienced With Medical Malpractice?
If you or a loved one have been injured by medical malpractice, you should speak to an attorney immediately to learn more about the value of your case and what types of recoveries are available to you.
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