Medical Malpractice: What You Need to Know

Medical Malpractice: What You Need to Know

By: marysmith

Medical malpractice occurs when a healthcare professional deviates from the standard of care and causes harm to a patient. The standard of care is the level of care that a reasonably competent healthcare professional would provide under similar circumstances.

Medical malpractice can take many forms, including:

  • Misdiagnosis or delayed diagnosis
  • Improper treatment
  • Surgical errors
  • Medication errors /
  • Birth injuries
  • Anesthesia errors
  • Nursing home abuse

If you believe that you or a loved one has been the victim of medical malpractice, it is important to speak with an attorney as soon as possible. An attorney can help you assess your case and determine if you have a valid claim.

Proving medical malpractice

To prove medical malpractice, you must show the following four elements:

  1. The healthcare professional owed you a duty of care. This means that they had a legal obligation to provide you with competent medical care.
  2. The healthcare professional breached that duty of care by deviating from the standard of care.
  3. The healthcare professional’s breach of duty caused you to suffer harm.
  4. You suffered damages as a result of your harm.

Damages in a medical malpractice case can include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Loss of life expectancy
  • Wrongful death

Hiring a medical malpractice attorney

If you are considering filing a medical malpractice claim, it is important to hire an experienced attorney. A medical malpractice attorney can help you gather the necessary evidence, file your claim, and negotiate with the insurance company on your behalf.

Here are some tips for choosing a medical malpractice attorney:

  • Ask for recommendations from friends, family, or other attorneys.
  • Look for an attorney who has experience handling medical malpractice cases.
  • Schedule a free consultation with several attorneys before making a decision.
  • Choose an attorney that you feel comfortable with and that you trust to represent you.

Filing a medical malpractice claim can be a complex and time-consuming process, but it is important to remember that you have rights. If you have been injured as a result of medical malpractice, you may be entitled to compensation for your damages.

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