Only 2% of patients that suffer from medical malpractice incidents actually file a claim against the provider or institution responsible. If you have an injury or medical complication that you believe could be medical malpractice, don’t move on before getting the compensation you deserve.
Working with a medical malpractice attorney can help you understand how to file a medical malpractice lawsuit. Not sure if your case qualified as a medical malpractice case?
The guide below will walk you through the details of medical malpractice. Keep reading!
Read Also: Medical Malpractice Vs. Negligence: What Are the Differences?
Do You Have a Medical Malpractice Case?
Medical malpractice is when a doctor, nurse, hospital, or other medical care professional or facility acts negligently which injures a patient. Negligence is a legal term that means a person did not act according to established expectations.
In order for a medical malpractice lawyer to bring a successful case, he or she must show three things:
- There was a breach of the standard of care
- The patient was injured or harmed by the provider or facility
- The patient’s injury was caused by the breach or negligence of the provider or facility
If you think you have a medical malpractice, take a look at these tips for hiring a lawyer. If you’re not sure, take a closer look at the three elements needed for a medical malpractice claim.
Breach the Standard of Care
Doctors, nurses, pharmacists, and other health professionals have a standard of care they are suppose to provide for every patient. For a doctor, this could be running specific diagnostic tests. Or for a nurse, it might be checking the patient’s allergies before giving a medication.
In the eyes of the law, a medical professional has a duty to their patient to follow the standard of care. If they fail to meet that duty and they breach the standard of care, it satisfies the first element of a med mal case.
The Patient Was Harmed
This might seem like a simple criterion, but it’s necessary to show medical malpractice. If a doctor made a mistake but the patient did not affect, it’s not likely that the patient would win a medical malpractice case.
There has to be proof of harm to establish medical malpractice. If a patient experiences a negative health outcome but there was no harm from the medical professional, this is not medical malpractice.
Breach Caused the Harm
The last element of proving a medical malpractice is to show that the doctor breaching the standard of care (and failing to uphold his duty) caused harm to the patient. There must be evidence that the action or inaction of the medical professional was the reason the patient was harm.
Talk to a Medical Malpractice Attorney Today
You’ve reviewed the elements of a medical malpractice. If your situation meets these criteria, you may have a claim to make against a medical professional or facility.
If you’re still unsure, reach out to a medical malpractice attorney for a consultation. They are experts in personal injury claims and medical malpractice.
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