Requirements for a Medical Malpractice Lawsuit

Posted by on Oct 9, 2015 in Medical Malpractice | 0 comments

A hospital or doctor’s office is the last place we would expect to receive an injury or illness. However, medical malpractice is a real and frequent occurrence in America. West Palm Beach personal injury attorneys would likely say that medical malpractice can take many forms that include failure to diagnosis, improper treatment, and delayed treatment. Medical errors such as this can cause severe injuries, progression in an illness, and even death. Many individuals who are victims of medical malpractice will seek action against the party responsible for their suffering. However, it is important to understand the requirements for a medical malpractice claim.

For a medical malpractice lawsuit to be recognized by a court, a basic doctor-patient relationship must have existed. Essentially, this means that you hired the doctor to perform medical treatment and the doctor understood their responsibility. A second requirement is to prove that the doctor was negligent or violated medical standards and that their actions led to some sort of adverse effect or injury. This also means that a component doctor would not have caused injury in your case. Further, the doctor’s negligence has to be shown to have undoubtedly caused the injury and that it would not have occurred regardless. Lastly, even if a doctor or surgeon performed below standards, you can only sue for medical malpractice if a specific injury occurred. If a patient suffered no harm, a medical malpractice lawsuit is not likely.

When we enter a hospital, we rightfully expect that doctors will provide the highest standard of care. Unfortunately, many individuals can leave a doctor in worse condition than they started off in. In addition to physical pain, victims of medical malpractice can be left in emotional and financial turmoil, often unable to work. Due to this, it is often necessary to take legal action against the medical party responsible for your suffering if the conditions previously discussed are met.

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