Medical malpractice happens when a patient suffers harm because of a medical provider’s failure to act in a reasonable, prudent and knowledgeable way. The rules vary by jurisdiction, but there are general principles and broader categories that apply to most cases. Below is an overview of these rules and an explanation of how a lawyer can help when there’s Medical Malpractice in Douglasville GA.
Basic Claim Requirements
To prove that malpractice occurred, a victim must be able to demonstrate that all of the below factors are present.
* A doctor/patient relationship: A client must demonstrate that they had an established relationship with the physician being sued. Questions of a relationship’s existence commonly arise when a consultant did not directly provide treatment.
The physician was negligent: Just because someone is dissatisfied with the treatment they’ve received does not mean a doctor has committed malpractice. The physician must have been negligent in his or her treatment or diagnosis.
The injury was caused by negligence: Because many cases involve claimants who were previously injured or ill, there’s often a question of whether the doctor’s actions caused the harm. To prove Medical Malpractice in Douglasville GA, the patient must show that it’s more likely than not that the doctor caused them to suffer ill effects.
The injury caused damages: Even if it’s clear that the doctor behaved negligently, the patient cannot sue for malpractice if they weren’t harmed by the doctor’s actions.
Common Kinds of Malpractice
Numerous situations can lead to the filing of a malpractice claim, from leaving a medical instrument inside a patient’s body during a procedure to failing to warn patients of a drug’s side effects. Most cases fall into one of these groups: failure to diagnose, improper treatment and failure to warn the patient.
Medical malpractice is a highly regulated legal area, being governed by a complex set of rules that vary widely by jurisdiction. Therefore, it is typically essential to hire an attorney for advice or legal representation when bringing a malpractice claim. Visit Dsternlieblaw.com for more information or to set an appointment for a free claim evaluation.
Like us on Facebook!
Be the first to like.