Medical malpractice is a breach of the professional standard of care expected of a medical
professional. The breach may result in the patient getting injured and losing financially. So, the
law permits the affected patient to file a lawsuit called medical malpractice against the doctor or
healthcare institution involved. Learn the high risk of developing wernickes, the first stage of
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In this article, I’ll be discussing everything you need to know about how medical malpractice
works and how you can file a claim. So, read on.
How Do We Determine A Medical Malpractice?
Medical malpractice is determined by a number of elements. These following elements
determine if your medical malpractice claim would be considered a malpractice when reviewed
by a board of experts.
1. There must be a doctor-patient relationship established
Before a medical malpractice can be said to have occurred, there must be an instance where a
doctor attempts to render professional healthcare service to a patient in a professional setting.
Professional settings include when the doctor is covering for a clinic or attending to an
emergency patient in a hospital.
2. The prove that the doctor was negligent
You can not file a claim of medical malpractice if you are not happy with how the doctor handles
your health services or you are not happy with the result of their care. However, for you to claim
medical malpractice against a doctor, you must provide proof of how the doctor is negligent
about the standard of professional care. This will prove that the doctor ought to have prevented
a certain injury if he/she had applied the standard of care spelled out.
3. The prove that the doctor’s negligence caused the Injury
There must be obvious prove that the doctor incompetence causes the patient the injury he/she
got after treatment. For example, it will be hard to claim that the doctors incompetent cause the
death of a cancer patient who is been treated of cancer. It is more likely that he/she dies of
cancer. Additionally, if a patient dies because a doctor is not able to cure a patient that later
result to their death, the patient can not sue the doctor.
4. Failure to diagnose
If for instance you receive an ineffective treatment whereas the treatment of a competent doctor
would have given you a better result, you can file a medical malpractice claim. The help of an
expert testimony will be needed to determine this.
5. Prove that a doctor fail to warn patient of known risks
It is the duty of doctors to always tell patients the side effects or risk associated with a certain
treatment, so that patients will decide if they are going for the treatment. If a doctor fails to warn,
the patient can sue the doctor.
Other Things To Know About Medical Malpractice
Aside from all the expected elements that define a medical malpractice, bear the following in
1 medical malpractice should be filed and submitted earlier after the injury
2. Your medical malpractice claims must go through the review of the medical malpractice board
of your state.
3. You must make special notice to the doctor involved in the medical malpractice you want to