Medical malpractice occurs when a doctor or other medical professional failed to perform his duties resulting in harming the patient. The rules in medical malpractice varies from state to state. There are still principals and rules that are the same with the other states when it comes to medical malpractice cases. To know more about the special rules of medical malpractice, here is an overview about the law.
In order to prove medical malpractice, these things should be shown.
There is a doctor-patient relationship.
There should be a proof that there is actually a relationship between the doctor and the patient, as the doctor is hired by the patient and the doctors agrees to be hired as well. A doctor can’t be sued if the advice you heard is not directly from the doctor himself. If the doctor really sees you and begins treating you, then, there is an actual doctor-patient relationship. It is a matter of directly or indirectly advising or treating you.
The doctor is negligent.
Being unhappy with the results of the treatment you have received does not mean that you can claim medical malpractice case. If the doctor is negligent when it comes to you diagnosis or its treatment, then that can be a proof. If the doctor is treating you differently compared to a competent doctor under the same circumstance and is causing you harm, then you can sue the doctor. The doctor does not need to be the best but he or she should be careful and skillful in treating his or her patients. There should be a presentation of difference between the treatment done by the defendant and the treatment or the medical standard of care that is presented by a medical expert.
Doctor’s negligence causing injury to the patient.
Many cases in medical malpractice involve patients that were injured or sick already. Whether the doctor did it because of negligence or what, there is still harm in the situation. Like for example, it is very hard to prove that the cause of the patient who has lung cancer who died after the treatment, is the doctor’s negligence. The incompetence of the doctor directly cause the harm should be shown. There should be a medical expert to testify that it is the doctor’s negligence has caused the injury of the patient.
Specific damages caused by the injury.
There are clear standard expectations of harm that is considered that the doctor is held liable for malpractice. If you do not suffer from any harm, you cannot sue a doctor for malpractice. If there is evidence of physical pain, mental anguish, additional medical bills and loss of work and ability to earn money, then the patient can sue the doctor for medical practice.
Now, these are just overview about medical malpractice, but if you really want to go deeper, you can go to you medical malpractice lawyer.