Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.
The basics of a medical malpractice claim as listed below may seem simple enough, but medicine and healthcare, although a science is not an exact science! A bad outcome isn't always proof of medical negligence. Likewise, medical malpractice law quickly becomes incredibly complex. It is essential to get advice or representation from a lawyer.
Basic Requirements for a Medical Malpractice Claim
- A doctor or health care provider - patient relationship existed.
- The doctor or health care provider was negligent.
- The doctor or health care provider's negligence caused the injury.
- The injury led to specific damages.
- Failure to diagnose.
- Improper Treatment.
- Failure to warn a patient of known risks.
- "Statute of Limitations".
- Mandatory settlmenent conferencs.
- Expert testimony may be required.
- Doctrine of pure comparative fault.
Common Types of Medical Malpractice:
Special Requirements in Medical Malpractice Cases