What are the conditions to fulfill for filing a case of medical malpractice?

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When doctors or any other medical professional cause harm to any patient by failing to perform their duties competently, it becomes a clear case of medical negligence, also known as medical malpractice. The rules for medical malpractice vary between the US states, and there are different timelines for bringing in a lawsuit against the erring doctors and medical professionals.  There might also be some requirements to notify the doctor in some states. However, the broad categories of the rules and the general principles are the same.

Knowledge about the general principles should help to understand the basic requirements of a claim. To know more about medical malpractice cases, you can log on to healthcarefraudgroup.com.

Existence of doctor-patient relationship

To sue a doctor, you must first establish that you had a doctor-patient relationship in place by proving that you hired the services of the doctor who also agreed to it. If you overhear a doctor’s advice and use the piece of information to sue that doctor, you do not have a case at all.  Only when a doctor starts seeing you and treats you that it marks the beginning of a doctor-patient relationship. The question arises primarily in instances where a doctor did not treat you.

Negligence on the part of the doctor

The doctor becomes liable for medical malpractice only if you can prove that he or she was negligent in diagnosing the disease or your treatment.  To establish malpractice, you must prove that the doctor acted on the contrary to what a competent doctor would do in similar circumstances and harmed you in the process. The doctor must be reasonably careful and skillful but not necessarily the best in the trade. Medical malpractice claims revolve around establishing how much careful and skillful the doctor had been. The plaintiff must present a medical expert who can discuss the appropriate medical standard of care and determine how the defendant deviated from it.

Cause of injury was the doctor’s negligence

Patients may have some pre-existing diseases while under the treatment of a doctor. In most medical malpractice cases, it becomes a moot point whether the action of the doctor, regardless of being negligent or not, caused the harm. On the death of a lung cancer patient, it becomes challenging to prove that the negligent treatment of lung cancer by the doctor caused the death, which could also have happened due to the disease itself. The patient must show that there are very high possibilities of the doctor being negligent in treating the condition. It could involve a medical expert who would testify that the negligence of the doctor caused the injury.

The damages resulted from injuries

Even if the doctor performed below the standard, but there was no harm to the patient, then there cannot be any case of medical malpractice.  Only if there is any physical pain, mental anguish, lost earning capacity and lost work and additional medical bills that it can help to establish the harm caused. It becomes the basis for filing a case for medical malpractice.

The suffering of patients alone does not help to prove that the doctor was negligent.

September 11, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized