The Requirements For a Medical Malpractice Claim

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The American Board of Professional Liability Attorneys defines medical malpractice as the negligence by act or omission of a healthcare provider or medical professional that results in the injury, or in worst cases, death, of a patient. Filing a lawsuit has various requirements, depending on the state, but the basic ones are listed below:

There should have been a doctor-patient relationship between the plaintiff and the defendant. This means that that the doctor had to be officially hired by the plaintiff, and he or she agreed to provide service.

The doctor showed negligence or violated

standards of medical care. To file a malpractice suit, it must be proven that the defendant had caused harm or injury that another medical professional would not have under similar circumstances. This negligence can include mistakes in diagnosis, treatment, aftercare, or postoperative care. If the patient merely did not find the result favorable, that, by itself, cannot be considered medical malpractice.

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The injury or harm led to specific damages. A medical malpractice claim can only gain traction if there were significant damages borne out of the negligence or violation of standards of medical care. Some of the damages that can be sued for are unusual pain (physical or mental), hardship, loss of income or earning capacity, and additional medical bills.

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