What is Medical Malpractice?
Medical malpractice is a legal cause of action that occurs when a medical care professional strays from their professional standards and causes injury to the patient. Medical malpractice has become very common in the United States justice system. In order to prove medical malpractice has occurred, the negligence from your healthcare provide/physician must arise from errors in the diagnosis, treatment, and/or aftercare.
How do you prove a Medical malpractice claim?
The injured patient must show that the physician negligently treated them and the negligence resulted in an injury. There are three key components to prove a medical malpractice injury. First, it must be proven that the treatment was not consistent with standard care; meaning that the physician did not provide basic care for the patient or didn’t meet the certain standards they should meet at a general doctor visit.
Second, the patient must prove that they have suffered some kind of injury due to the physician’s negligence. There must be a significant injury in order to consider filing a medical malpractice claim. An act of negligence without causing any injury can’t be considered malpractice.
Lastly, it must be proven that the injury has resulted in a considerable damage such as suffering, enduring pain and/or hardship, disability, loss of income, or have endured a burden of medical bills.
However, the only exception in a medical malpractice is if the physician sees the patient outside of a professional setting, such as outside the hospital or clinic. In these cases, no doctor-patient relationship is established and there is no duty of reasonable medical care owed.
If you have been a victim of medical malpractice or are interested in learning more about how a medical malpractice claim works, give us a call today at (714) 546-4600 to schedule a free consultation.