Medical malpractice can be defined as an act where the patient has undergone injury or death due to negligence of a doctor, or being subjected to below standard treatment. Negligence is not only be the fault of the doctor, but even any healthcare professional, nurses or the entire hospital can be covered under this lawsuit. When we talk about below standards treatment we mean medical care that does not agree with the normal medical practices.
In order to prove medical malpractice, there are 3 main things which need to be proven. These are damages, liability and a direct casual connection. Let us find out what these factors imply.
Liability would mean that there existed a relationship between the patient and the medical care provider. It is not very difficult to prove that a relationship existed, but the difficult part is to prove that the care was of substandard nature. The next factor is the damage in terms of injury or in extreme case death. This damage should be a result of negligence or substandard care. In this case, just the result or the outcome cannot be considered as the only factor of malpractice because in medical procedures such as surgery etc risks are always inherent. Therefore, unless one provides sufficient example to prove that outcome occurred due to negligence, this cannot be considered.
Negligence can occur due to failure and error in diagnosis or due to lack of knowledge and improper procedures. Incorrect dosages, inappropriate medications, error in calculation of anesthesia, error in follow up care, and malfunctioning of life saving devices are other reasons for a medical malpractice lawsuit.
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