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3 Characteristics of Medical Malpractice Claims

Experienced Lawyer

Medical malpractice occurs when a doctor, hospital or other medical staff has made an error or oversight which led to the patient suffering injuries. A mistake could have been made during the examination, diagnosis or treatment process. If you or a loved one believes you have suffered from medical malpractice, we highly recommend consulting with an attorney for guidance. Such cases of medical malpractice can be complicated and tricky, which require knowledge from an experienced legal professional.

In order for our office to pursue a medical malpractice lawsuit, there are three characteristics which must apply to the incident:

#1 Violation of the Standard of Care

There is a standard of care that all medical practitioners must follow. The “medical standard of care” is typically defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. After establishing the standard of care (the amount of care that a reasonable person would have exercised in the circumstances, to succeed in a tort claim for negligence) the plaintiff must then prove that the defendant(s) fell below that standard of care. A patient has the right receive a standard of care from his or her doctor, when it comes to examinations, diagnostics, prescriptions and treatment plans. An attorney can evaluate the incident to determine whether your doctor may have deviated from this standard of medical care.

#2 An Injury Resulted Due to the Error

In order for a claim of medical malpractice to be legally valid, the patient must also show proof that he or she suffered injuries due to the error or oversight. It is important to understand the difference between a doctor that made a vital mistake, and a situation where there was an unfavorable outcome. If the patient did not get the results he or she wanted, this does not mean the doctor committed medical malpractice. Sometimes, certain treatment plans and procedures come along with risks that the patient must be prepared for.

#3 The Injuries Caused Substantial Damages

Thirdly, the medical malpractice must have led to significant damages. The patient must bring forward evidence that they faced significant financial and physical damages due to the medical error. Depending on whether the damages were small or large, an attorney can help you decide whether it is worth it to seek financial compensation. For a medical malpractice claim to be pursued, the patient must show that his or her injury led to any of the following:

  • Loss of income
  • Disability
  • Pain
  • Hardships and suffering
  • Past and future medical costs

We encourage patients who have suffered from medical malpractice to meet with an experienced medical malpractice lawyer Towson, Maryland trusts to find out more about their rights. Many patients may not even realize they can take action for a doctor’s misjudgement. If you are unsure whether what happened to you may lead to a medical malpractice lawsuit, an attorney can provide insight to help you decide whether legal action is the best route. Please call an attorney today to book your complimentary consultation.

Thank you to our friends and contributors at Greenberg Law Offices for their insight into medical malpractice claims.


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