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Do I Have a Medical Malpractice Case?

Posted on December 21, 2016

Every day people go to medical professionals for quality care to help them feel better. Unfortunately, far too often those professional cause further injury. Because medical malpractice can occur, the legal system has rules and procedures in place to determine whether an incident is malpractice. And if it is, the system holds those professionals responsible.

Medical malpractice can be caused by physicians, nurses, assistants and even orderlies. They usually occur due to a flawed diagnosis, improper treatment, or treating a patient without proper permission. If something goes wrong during your or a loved one’s medical treatment, it is important to know whether it is defined as malpractice and your rights to recover damage in these cases.

Do I Have a Medical Malpractice Case?

In medical malpractice cases you must figure who is at fault and then get evidence to prove that person or persons are at fault. Medical malpractice can be caused by one medical professional or a number or medical professionals. Even whole hospitals or pharmaceutical companies can be held liable for medical malpractice.

Medical malpractice typically occurs when the medical professional is negligent toward a patient’s care. The patient must be able to show evidence of negligence by proving the following:

  • That the health care professional owed a duty to the patient
  • That the health care professional deviated from the best standard of care
  • That there is a connection between the professional’s deviation from the standard of care that caused an accident
  • That there was an injury to the patient

What to do in case of medical malpractice

If you are able to prove that a medical professional caused injury due to negligence, you may have a medical malpractice case. Negligence in medicine proves that it wasn’t just an accident. If you believe a medical professional provided inadequate care, there are a few steps you must take.  

  • First, contact the professional responsible for your medical care. Tell them the problem and you may be able to resolve the issue without legal action.
  • Know that medical malpractice claims have a statute of limitations. If you file legal action do it in a timely manner.
  • If you do end up filing a claim, know which medical records you will need for your case and where to obtain them.