Medical malpractice occurs when a doctor or other medical professional harms their patients through a negligent act or omission.
Although state rules regarding this type of malpractice claims vary, the broad principles apply to most cases across the country. Continuing reading to learn more about the factors that constitute a case.
Overview
Medical malpractice encompasses many varying factors and can be tricky to understand. If a medical professional simply makes a mistake, usually this does not meet the requirements for a malpractice lawsuit. Everyone makes mistakes and even doctors are not immune to this.
For a malpractice claim to have validity, certain requirements must first be acknowledged. First, negligence on the part of the medical care team needs to be proven. Additionally, that negligence will need to have caused a specific injury for a malpractice claim to be filed.
What Is Needed for a Medical Malpractice Claim?
There are four requirements that each medical malpractice claim needs in order to move forward:
- An existing doctor-patient relationship – Documentation needs to show that there was a history of medical treatment between the doctor and the patient and that both parties agreed to work with each other.
- Negligence on the part of the doctor – The patient needs to prove that the doctor in question was negligent in some form.
- Negligence caused harm– The doctor’s negligence caused harm to the patient.
- The injury caused specific damages – The doctor’s negligence resulted in an injury that led to specific damages. Physical and mental pain, loss of work, and superfluous medical bills are examples that might be included in a malpractice claim.
Common Types of Medical Malpractice
Trying to determine grounds for a medical malpractice claim can be murky, but understanding the ways that doctors might be negligent can help. The following are some of the most common types of malpractice:
- Failure to diagnose – If another competent doctor would have diagnosed a different ailment or produced a speedier diagnosis, you may be entitled to file a claim.
- Improper treatment – If a doctor fails to provide proper treatment for an ailment, you may be eligible for a claim. Additionally, if a medical professional fails to complete a treatment correctly, this can also be grounds for a claim.
- Failure to warn – Doctors carry an obligation to warn their patients of the risks that might accompany each treatment so that the patient can make an educated decision about their health. If a doctor fails to provide all of the known risks of treatment, you have the right to file a malpractice claim.
Flickinger • Boulton • Robson • Weeks Can Help You with Your Medical Malpractice Case
Surviving medical malpractice can be traumatizing, but the experienced personal injury attorneys at Flickinger • Boulton • Robson • Weeks are here to help. We work hard to pursue personal injury cases that help our clients receive the compensation they deserve.
Our offices are located in Provo and South Jordan, Utah. Schedule your free case evaluation today.