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Understanding the Basics of Medical Malpractice

Medical malpractice takes place when a medical professional or a doctor harms a patient. Here, the professional fails to perform medical duties. When it comes to filing a claim for medical malpractice, one should immediately inform one’s doctor in advance when filing a lawsuit in the above. Note that the laws of medical malpractice differ from state to state. However, there are some general principles of law as well as board categories of regulations that apply to cases of medical malpractice. The following is an insight into some of the rules that pertain to medical malpractice in the USA.

What are the basic rules for filing a claim?

In order to prove the occurrence of medical malpractice, the following should exist-

  1. Relationship between doctor and patient- One should show a relationship between the doctor that is being sued and the patient. This means that one hired a doctor and the doctor agreed to the treatment. For instance, a doctor that you hear advising another patient in the wrong way cannot be sued. The doctor can only be sued if he or she is treating a person and the relationship between the doctor and the patient existed. The question of whether the doctors had treated you or not arise when the consulting doctor did not directly treat you.
  2. The doctor is negligent- Esteemed lawyers in the field of medical malpractice Boston’s Steven H. Schafer and Associates states that if one is not happy with the treatment of the doctor or his or her advice, this does not mean that the medical professional is liable for medical malpractice. To prove medical malpractice, the doctor has to be negligent when it comes to treatment and diagnosis and treatment. In order to sue for medical malpractice, one should prove to the court that the doctor has caused harm in some way that any other competent doctor in the same circumstances would not have caused. The care of the doctor should be skillful. All of the states in the USA have the mandatory provision that a medical practitioner to discuss the correct standard of medical care and the defendant in question has deviated from the above standards.
  3. The negligence of the doctor caused the injury to the patient- Several cases of medical malpractice involve patients that have a history of illness or injury. This gives rise to the question as to whether the doctor was negligent or not when it comes to the treatment of the patient. For instance, if the patient died after lung cancer, courts will need to determine whether there was a question of medical malpractice in the above case if the patient dies of the lung cancer treatment and it was caused by the negligence of the doctor. The right lawyer has to be consulted for guiding the plaintiff in the above.

Last but not least the injury caused has caused emotional and physical damages to the patient. It is crucial for the plaintiff to prove the existence of the above in a competent court of law to claim compensation and damages for the injury caused.

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