Medical Malpractice Basics

When a patient is hurt by a doctor or any medical professional due to incompetence of medical duties, medical malpractice is the result. The rules about medical malpractice vary by state; however, there are a few basic principles and rule categories that are applicable to the majority of malpractice cases. In order to claim medical malpractice, proof of a doctor-patient relationship must be demonstrated. Also, the person has to show how the doctor was negligent, as well as how this negligence resulted in injury. Furthermore, the patient must show how the injury led to certain damages, such as physical pain, mental anguish, lost work, and extra medical bills.

Key Takeaways:

  • You have to have hired the doctor and be able to show that the doctor’s negligence caused damage.
  • Claims typically are based on failure to diagnose, improper treatment, or failure to warn of risks.
  • Many states have review panels of experts whose findings can be presented in court.

“Just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice.”

Read more: Nolo Legal Encyclopedia

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