Press Release (ePRNews.com) - United States - Sep 20, 2019 - According to the Cornell Law School Legal Information Institute, malpractice is defined as “The tort committed when a professional fails to properly execute their duty to a client. The duty of a professional to a client is generally defined as the duty to follow generally accepted professional standards. Malpractice suits are most common against doctors”. A medical malpractice claim comes about when a person is injured as a result of a healthcare provider’s negligence or deviation from the accepted standard. That being said it does not mean that if a patient suffers an injury while in a doctor’s care a medical malpractice claim exists. This article will discuss how a patient may know if he or she has a medical malpractice claim against a healthcare professional.
One article stated, “As part of a civil lawsuit, the plaintiff has the burden of establishing that he or she is entitled to compensation. This requires that he or she establishes each element of the claim by a preponderance of the evidence. This standard requires that the jury conclude that it is more likely than not the way that the plaintiff has alleged. The elements that a plaintiff must usually demonstrate in a medical malpractice claim include; doctor-patient relationship, negligence, causation and damages.”
“It is important that there exist a doctor-patient relationship. It is easy to assume that this is straight-forward, however, this can make the case complicated. So, in instances where a healthcare provider was talking about a procedure to other guests at a party and the patient underwent the procedure based on the doctor’s comments, the patient is generally not able to prove or establish that the healthcare provider/patient relationship existed. And even in instances where a doctor consulted on a case but did not directly treat the patient, that relationship fails to represent a doctor-patient relationship and relieves that healthcare provider from any liability”, a Crowson Law Group attorney commented.
In respect of establishing negligence the attorney stated that in some cases negligence can be proven by showing that the healthcare provider deviated from the standard of care. Such standards are based on accepted norms in the medical field based on the “same type of specialty that the health care provider works in and based on the geographical aspect of the area where the healthcare provider worked”. In order to establish whether the healthcare provider deviated from the standard of care a medical expert may be necessary to explain what ‘the appropriate standard of care would be under similar circumstances and how a reasonable competent healthcare provider in the same area, with the same training and knowledge would have acted in a similar situation’.
The Cornell Law School Legal Information Institute defined the term causation as the actual cause or “a factor without which the result in question could not happen.” It must be noted that causation is particularly difficult to prove in medical malpractice cases because many patients have an existing medical problem or condition when they seek treatment. This aspect requires the assistance of a medical expert.
Damages basically mean that the patient suffered in some way. Injured patients may have damages that include medical expenses or lost wages. For legal advice and representation by a personal injury lawyer medical malpractice contact a law firm that has experience with medical malpractice.
About Crowson Law Group:
Crowson Law Group is a law firm of renowned professionals that focuses in personal injury matters. For legal representation in Alaska aircraft accidents, contact Crowson Law Group today.
Crowson Law Group
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Source : Crowson Law Group