Medical malpractice is something we cannot prevent despite choosing and working with top specialists. Know more about malpractice and what you can do if it happens to you by reading on the following Q&As.
What is medical malpractice in legal terms?
When a healthcare professional or organization fails to provide “standard of care” to a patient, he or she may be deemed negligent of appropriate medical care. Basically, medical malpractice occurs when a physician or nurse, for example, neglects or fails to provide proper treatment leading to harm, injury, or death of a patient.
What are common examples of medical malpractice cases?
There are many stories associated to medical malpractice, and they have occurred in diverse medical situations like diagnosis, treatment, and surgery. Some of the most common malpractice claims include providing the wrong anesthesia, misreading lab results, giving wrong medication, and providing mediocre aftercare.
How do I file a medical malpractice claim?
According to Noll Law Office, a medical malpractice attorney in Springfield, Illinois, parties that would like to file a malpractice claim need to prove the following:
- A professional relationship. Showing that a doctor-patient relationship existed proves that you hired the physician and the physician accepted your offer. This also shows that the physician provided treatment directly.
- Act of negligence. Complainants must prove that the physician did commit negligence. You must show that the physician harmed the patient in a way that a competent doctor, under the same circumstances, would not commit.
- Damage/s caused by malpractice. Death or a new complication and/or injury are some of the damages complainants must present to prove that the physician committed malpractice. Documents as well as expert testimonies are necessary to prove such claim.
What will I receive upon winning a malpractice claim?
The court will grant appropriate compensation to the winning party of a malpractice claim. A judge may also relieve a physician from his/her position and/or order closure to the healthcare organization involved.
Before filing a medical malpractice claim, hire an experienced lawyer who can provide you with the best legal advice. Gather enough evidence and run investigations to prove your case in court.