Medical malpractice occurs when a doctor or other medical professional failed to perform his duties resulting in harming the patient. The rules in medical malpractice varies from state to state. 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.
There is a doctor-patient relationship.
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.
A doctor is not liable for medical malpractice if you are just not happy with the results. If the doctor has been negligent in making a diagnosis and doing treatment, then the doctor is held liable. You must show an evidence that you are harmed caused by the doctor to claim for medical malpractice. 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. Whether the doctor did it because of negligence or what, there is still harm in the situation. 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 patient should show that it is the doctor’s incompetence directly caused the injury. Basically, a medical expert hired by the patient should testify that the cause of the harm is the doctor’s negligence.
Specific damages caused by the injury.
Expected standards of harm are presented when suing a doctor for 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.