Medical malpractice is a serious issue because it can have a devastating effect on the patient. If a professional healthcare giver is negligent or careless in their duties towards a patient, they are liable for medical malpractice. It is a complicated area, much more so than other personal injuries, and it is recommended to find a medical malpractice personal injury lawyer such as HS&H LLP to get the help and support you need to receive compensation.
How to Know If You Have a Claim?
There are several factors that are basic to most medical malpractice cases that must be proved to show that medical malpractice occurred. The following must be proved:
• There existed a doctor/patient relationship. This means you and the doctor both agreed that you would receive treatment from him or her. You cannot sue a doctor who gives you some advice on the golf course.
• The doctor or other professional healthcare giver was negligent. You cannot sue a doctor simply because you don’t get the results you want. You must prove that the doctor caused you harm because of treatment that another doctor in the same circumstances would not have done. Most states require a patient to produce a medical expert to show that the doctor did not give the proper standard of care.
• The negligence that was proved must be proved to have caused the injury. For example, if a person has a brain hemorrhage from a car accident and dies during emergency surgery, it may be difficult to prove the death was because of negligence on the part of the doctor even if it was the case.
• The damages caused by the negligence must be specific such as physical pain, additional medical bills, lost income or earning capacity.
What Are Common Malpractice Cases?
• Failure to diagnose a disease that caused the patient to be worse than if it was diagnosed correctly
• Treatment prescribed or administered that no competent doctor would have given under the same circumstances.
• Failure to warn the patient of known risks, which is most common concerning the side effects of prescription medication
• The patient or his or her family should know all the risks involved before they agree to a treatment
Most medical malpractice cases must be brought within a certain time limit after the injury. If you suspect you have been wronged by a professional healthcare giver, you should not hesitate to get help from a lawyer who is qualified and has experience in medical malpractice cases.
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