What Are the Basic Requirements for a Medical Malpractice Case?  


When there is something wrong with a person, either physically or mentally, the first line of defense on which we rely is the medical profession. We trust that our doctors will have the knowledge, skill, and experience to provide us with the care we need to get better. Unfortunately, this is not always the case.

There are circumstances in which a hospital or nursing facility and its medical professionals do not uphold the appropriate level of patient care. In these circumstances, medical professional negligence may compromise a patient’s health and, in some instances, result in death. When this occurs, the victim or the victim’s family may have a valid medical malpractice claim.

Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.

Every state has laws governing medical malpractice cases, which set forth the specific procedures and time limits (statutes of limitations) that must be followed in order to bring a claim. In general, a medical malpractice claim must be filed within a certain period of time after the alleged injury or death occurred.  View website for more information about the basic requirements for a medical malpractice case.

Relationship between you and your medical professional

You have a professional relationship with your medical professional. In order to maintain this type of relationship, there is an inherent level of trust. You trust that your doctor will provide you with the best possible care and make decisions that are in your best interest. Unfortunately, this trust is not always warranted.

The law requires that your medical professional provide you with a certain standard of care. This standard of care is based on the knowledge, skill, and experience that a reasonable doctor or medical professional would have in similar circumstances. If your medical professional fails to meet this standard of care and you are injured as a result, you may have a valid medical malpractice claim.

Negligence of medical professional

In order to have a successful medical malpractice claim, you must be able to prove that your medical professional was negligent. In other words, you must be able to show that the medical professional did not uphold the appropriate standard of care and that this deviation from the standard of care caused you harm.

A medical professional does not have to intentionally cause you harm in order to be found negligent. In some instances, a medical professional may simply make a mistake that results in your injury. For example, if your doctor prescribes the wrong medication or dosages, this could result in you suffering a serious reaction. As long as it can be proven that the doctor’s actions fell below the acceptable standard of care, you may have a valid claim.

It is important to keep in mind that not all bad outcomes are the result of medical negligence. In some cases, a negative outcome may be due to an underlying medical condition or a risk inherent in the proposed treatment. In these instances, there is no deviation from the standard of care and no basis for a medical malpractice claim.

It is important to keep in mind that each state has different laws that govern medical malpractice claims. As a result, it is important to consult with an experienced medical malpractice attorney in your state to determine what types of damages you may be able to recover. 

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