Anyone can file a medical malpractice claim, but there are certain things you need to establish in order to be successful with it. Medical malpractice occurs when a healthcare professional fails to perform his or her medical duties in a reasonable fashion. There are varying state rules about medical malpractice claims. However, there are some common rules about medical malpractice that apply across the board.
The General Rules for a Malpractice Claim
There are 4 basic elements that must be proven in order to file a medical malpractice case. The first is that it must be proven that a doctor patient relationship was in existence. It must be shown that there was a physician patient relationship with the doctor that you will bring a lawsuit against. For example, you can’t sue a healthcare professional for incorrect information given at a cocktail party, and you will likely have a problem trying to sue a doctor that you consulted with who did not treat you directly. Establishing that there was a doctor patient relationship is an important element in any medical man practice claim.
The next element that you have to prove is that the physician was actually negligent. Just because you’re unhappy with the recommended treatment or you’re unhappy with the results of treatment does not mean that the physician was actually negligent and therefore liable for a malpractice suit. There must be a direct connection between the treatment and the injury. It must be shown that the treating physician acted in a negligent manner unlike another physician who is competent, and that there was direct result because of this neglect treatment. Keep in mind that a physician is not required to provide the best of care. They are only required to provide reasonable care. Whether or not a physician acted reasonably is often at the crux of a medical malpractice lawsuit. Just about every state requires that you produce a medical expert of your own to give an opinion on the medical standard of treatment delivered to you. This medical expert typically discusses how the physician deviated from a reasonable standard of care for the patient.
The third element that must be demonstrated in a medical malpractice case is that the physician’s negligence was the proximate causes of the patient’s injury. It can be difficult to prove this can be different due to the fact that a patient may have already been injured or sick. For example, if a physician treats a person with lung cancer and that person dies, it may be difficult to prove that the physician responsible for the death. Likely, the treatment failed to cure the person and not definition. The person died from cancer and not due to the physician’s negligence. Again, it must be clearly shown that the physician’s treatment directly caused the party’s death.
The last element that must be established in a malpractice claim is that the injury led to specific damages. You can’t sue for negligence if there were no damages. The types of damages that you can sue for in a medical malpractice claim include physical pain, mental anguish, lost earnings and medical bills.
Most medical malpractice claims fall into different categories. These categories include failure to diagnose. If the patient’s illness had a different diagnosis and that would have made a difference in the outcome, that would be cause for a medical malpractice claim. That is viable. This is viable because the patient may have had a better in outcome.
If a physician renders treatment that in a manner that no other competent doctor would have, that would also be a viable claim. The failure to implement treatment in a proper manner falls into this category also.
Physicians are under the incumbency of advising their patients of known risks for treatments or procedures. This is called the duty of informed consent. If the patient had known about the risks, they may not have consented to the treatment. The physician may be liable in a medical malpractice claim if that patience was not told of the known risks.
Another thing that you need to do if you are considering filing a medical male practice claim, is to file your claim in a timely manner. Keep in mind each state has a statute of limitations. Your claim must be filed within that time.
Winning a medical malpractice claim is in an uphill battle unless you have a medical malpractice attorney representing you. If you are thinking of filing a medical malpractice claim, turn to Philadelphia medical malpractice lawyers for assistance. Always make sure to seek help and assistance from a lawyer to explore your legal options.
