Medical malpractice occurs when the patient suffers from any kind of harm caused by a medical professional (including doctors, nurses and other participants) who fail to act upon their medical duties. For victims who have some understanding of this area of law, allows them to deal better with the complexities involved in these types of cases and receiving more justifiable compensation claims. The regulations and statutes pertaining to medical malpractice vary from state to state. However, certain basic principles and timelines are applicable for most cases in medical malpractice. The following is an overview to assist in gaining basic understanding.
Requirements for Filing a Compensation Claim
In order to prove the allegations, the victim must show multiple elements in regards to the alleged damages.
Existence of the Doctor-Patient Relationship
A compensation claim requires that the victim has to show existence of a physician-patient relation with the responsible doctor or party. Questions on existence of such a relation arise when the doctor has not treated the patient directly. Seeking the guidance from a knowledgeable medical malpractice attorney is essential given that medical malpractice cases are very complex and often hard to prove.
Negligence of the Doctor
Unsatisfactory feelings with treatment are not enough to show that the doctor is liable. The patient has to prove that the doctor was negligent in performing his/her duties with respect to the diagnosis or treatment. For a valid malpractice claim it is necessary to show the harm caused by the medical providers to the patient.
Injury Caused Due to Negligence
Many cases of medical malpractice involve patients who were sick or injured already. Consequently, often the question arises whether medical damages were an outcome of negligence of the alleged provider. The patient has to show that the injury relates directly with incompetence of the doctor or any other responsible person.
Injury Led to Severe Damages
After it is clear that the doctor has not treated the patient in accordance with medical standards, the task is not complete. The patient cannot sue the responsible medical professional if the patient did not suffer any kind of harm. The Following here are some common types of harm for which the patients might be able to file a claim:
· Medical damages
· Mental anguish
· Physical pain
· Need for additional treatment
· Lost earning capacity and lost work
Each case must be thoroughly investigated to establish liability and damages. This is not always so easy for most common individuals that do not have a strong legal background. Per conventional wisdom dealing with medical providers, insurance companies and the Court it is recommended to seek the legal guidance of a medical malpractice attorney. An experienced attorney will provide the best legal advice, address the specifics of the case and help obtain justifiable compensation.