Understanding the Basics of Medical Malpractice

Medical malpractice takes place when any type of harm is caused to a patient by any medical professional who is not able to perform his or her medical duties with competence. There are many different rules related to medical malpractice and they tend to vary across states. However, there are some general principles that are applicable to a large majority of medical malpractice cases. Mentioned below is a brief overview of these laws and special rules.

What are the requirements for a claim?

If you feel that you have been a victim of medical malpractice, there are certain things you must be able to establish.

1. First and foremost, you should be able to establish a doctor-patient relationship with the person you are planning to sue. This means that you hired a physician and the person agreed to get hired by you. Please note that it is not possible to take legal action against a physician you overheard sharing medical advice at a social gathering.
2. The next important requirement is to establish negligence on the part of the doctor. Please remember that your unhappiness about the method or outcome of the treatment doesn’t make a doctor liable. In a medical malpractice claim, it is an absolute necessity to show that you were harmed by the doctor in a way that a reasonably skillful, careful, and competent doctor would not have done under similar circumstances. In almost all American states, the patients are required to present a medical expert to discuss and establish that the medical professionals deviated from the medical standard or care.
3. Finally, you must be able to prove that you were harmed or injured by the negligence of the doctor. In many cases, it is seen that the patients were already sick or injured. Ideally, you should have a medical expert testifying on your behalf that the negligent act of the doctor led to your injury.
4. Even if it is established that the medical professional failed to perform up to the expected standards, he or she can’t be sued unless you have suffered any harm. Physical pain, mental anguish, additional medical bills, and lost work and earning capacity are the different types of harm for which the practitioner can be sued.

Medical Malpractice Types:

A medical malpractice claim may result from a wide variety of situations. It can be the failure of a doctor to warn the patient about the serious side effects a prescribed drug to leaving a foreign object inside the body during an operation.

1. You may have a viable claim for medical malpractice if the doctor has failed to diagnose your problem accurately and proper diagnosis would have resulted in a better clinical outcome compared to the outcome achieved by your doctor.
2. You also have a valid claim if you were treated by the doctor in a way that is improper and wouldn’t have been followed by any other competent professional. The same applies even if the doctor follows appropriate treatment methodology, but fails to administer it competently.
3. In the course of a treatment or medical procedure, it is a duty of the doctors to make the patients aware of all known risks. If the doctor fails to perform the duty of informed consent and the patient suffers an injury during the procedure, the doctor can be held liable for medical malpractice.

Some Special Requirements:

1. In most of the states across the United States, medical malpractice cases must be filed as soon as possible after the injury.
2. Before going to the court, many states require the claim to be submitted first to a malpractice review panel.
3. Before filing the claim, some states require the patient to provide a notice of the claim to the doctor.
4. Expert testimony plays a critical role in deciding the outcome of the claim.

If you feel you have been a victim of medical malpractice, you may see Gomez Trial Attorneys for more information and support.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.