What is the legal definition of medical malpractice, and what specific criteria must be met to have a valid claim?
Medical malpractice is simply a fancy term attorneys use to describe a case where a patient got injured due to the negligence of a healthcare provider. When you seek medical attention, the last thing on your mind is the aggravation of your original condition. Doctors, nurses and other healthcare providers take a medical oath known as the Hippocratic Oath which implores them to do no harm to their patients. In addition, these professionals undergo years of rigorous training in order to ensure they are competent enough to provide excellent medical care to all, in an equitable and consistent manner. Therefore, if an injury occurs due to negligence, you can almost always lay the blame on them as nothing happens in a vacuum, and almost all negligent actions can be attributed to human action, or lack of thereof.
In order to have a valid medical malpractice claim, it must be established that there was a doctor-patient relationship, as this established something called duty of care. This can be shown by the production of medical slips, receipts, appointment and prescription notes, and so on. Any injury claim is predicated upon the breach of duty of care, which is where we come in. we help build a case on your behalf where we show through a preponderance of the evidence how a physician’s actions led to a breach in their duty of care towards you. In addition, you must have suffered injury that can be compensated by way of damages such as lost wages, cost of additional medical care, pain and suffering and so on.