Understanding medical malpractice claims

On Behalf of | Dec 2, 2021 | Uncategorized |

When a patient visits a medical professional for care, he or she may be thinking of questions to ask, symptoms he or she has been experiencing or setting up the next appointment. Most often, the patient is not thinking about whether he or she could be harmed by a medical mistake.

Unfortunately, this can happen when the medical professional fails to act according to the standard of care. This is called medical malpractice and it can happen in a number of situations where the medical professional acts negligently.

Medical failures

This includes when a medical professional fails to diagnose a condition, makes an error during surgery, does not warn a patient about the risks of a procedure or makes a medication error, among others. It can also occur if he or she fails to recognize symptoms, fails to consider family history or fails to follow up with a patient after treatment.

Required elements

In order to prove that medical malpractice occurred, the patient must demonstrate several elements. First, there must have been a doctor-patient relationship at the time the mistake occurred. The medical professional must have breached his or her professional duty to provide reasonable and competent care to the patient. The breach of that duty must have led to the harm and the harm must have resulted in damages to the patient.

If a patient has been harmed by a medical professional, it’s important to file a claim timely. There is guidance and advice available about how to file a claim and support to pursue compensation for his or her injuries.