Medical malpractice refers to harm caused to a patient at the hands of a health care professional. When a healthcare professional does not competently perform his duty and causes harm to a patient intentionally or because of negligence, the victim can file a medical malpractice claim.
What makes you legible to apply for a medical malpractice claim?
In order to be able to file a medical malpractice claim, you need to have proof of the following:
- The existence of a relationship between the patient and the doctor
You need to prove that the doctor you are suing had been hired for the patient. You need to have a record of the doctor-patient relationship in order to proceed. This evidence is easy to find if the doctor was treating you directly. It could, however, be harder if it was only a consulting professional treating you indirectly.
- Negligence on behalf of the doctor
The doctor can only be charged with medical malpractice if you can prove that the doctor was negligent during the diagnosis or treatment. You need to prove that if not for the doctor’s negligence, the problem would not exist, and harm would not have been done. The basis of the medical malpractice claim is that the doctor was not “reasonable, skillful and careful” as he was required to be. You are usually required to present another medical professional who is able to prove that the medical care given by the defendant was not up to par.
- The negligence was the cause of the injury
As the victims under question are the patients in a hospital, it could be that the injury under discussion was pre-existent and not caused by the doctor’s negligence. It is, therefore, necessary that you prove that if not for the doctor’s negligence, the injury would not have been caused. It is also usually necessary for the accuser to present another healthcare professional to prove that it was the doctor’s negligence that caused the harm.
- Harm was done to the patient’s health
The defendant’s negligence is only considered if the negligence caused harm to the patient. If the patient suffered no harm, the case cannot be filed. The types of harm that can count include physical pain, unnecessary medical bills, mental distress, loss of income or source of income, etc.
Types of medical malpractice
- Failure to diagnose a problem
If the doctor under question failed to diagnose the problem correctly as a competent doctor could have done, and this led to harm to the patient, the patient can file a medical malpractice claim.
- Wrong treatment
A doctor who fails to administer a treatment correctly can be sued for medical malpractice.
If you happen to face such an unpleasant situation and want to sue the doctor you believe is responsible for medical malpractice, you would need to hire an attorney. You can hire a lawyer from any well-recognized firm in your country, a Miami medical malpractice attorney, for example. This firm has lawyers who specialize in medical malpractice ranging from misdiagnosis, anesthesia error, and test errors to surgical problems and childbirth mistakes. Hiring the right attorney who is skilled in your particular case is crucial in order to win the case.