The following is an article from Maran & Maran, PC
Learning the basics of medical malpractice could mean the difference between a solid case and a case that will not even be viewed. Why should someone know the basics? Well, medical malpractice is not an easy subject to comprehend and even with knowing the basics, there is still a wide range of laws, regulations, and terminology a person might not understand. At least with learning the basics, a person can understand what exactly makes a medical malpractice claim viable.
Medical malpractice is a term that has been used for hundreds of years, yet is a subject that is very much misunderstood. Anyone who believes they were a victim of a medical malpractice needs to learn the basics of what makes a mistake by a medical professional a medical malpractice. Not every injury a patient acquires means that a medical malpractice took place. A medical malpractice litigator located in Tampa, FL can make the comprehension of medical malpractice much easier for their clients. The firm wants their clients to understand whether a medical malpractice has happened to them or if it can happen to them in the future.
Below will be described what is needed for an injury sustained during a medical procedure to become a medical malpractice claim.
Medical Malpractice Claim Basics
The following elements must be present in a patient's case in order to be able to prove that a medical malpractice did happen:
- The patient and doctor had a relationship together: This is the primary element that must be present to even start a claim. The patient must have had some sort of treatment, care, and procedure by the medical professional that they are trying to sue. For example, if a patient heard a doctor speaking to another person about some advice and the patient follows that advice, they cannot sue the doctor they heard giving the advice even if they were injured because of it. Unless a patient was directly in contact with the medical professional, they cannot sue them.
- The doctor's mistake was derived by negligence: As mentioned before, an injury that occurs during a medical procedure doesn’t mean that it constitutes a medical malpractice. A patient that is unhappy with their treatment doesn’t mean they can sue the doctor for a medical malpractice. The medical professional must have been negligent during their care or treatment of the patient. In other words, their care or treatment was not up to standards. The patient must show how their injury would not have occurred had another similar doctor performed the care or treatment.
- The negligence that the medical professional performed led to the injury: The patient must show how the negligent act of the medical professional was what led to their injury. The issues that arise with this is that most patients that seek medical treatment or care are already sick to begin with, so trying to prove that their injury was caused by the medical professional can be quite difficult to do. For almost all medical malpractice cases, a medical expert will have to testify.
- Harms were created by the injury: Just because a person got injured in the care of a healthcare provider, they cannot sue them unless they suffered damages from the injury. If a person suffers an injury that doesn’t affect their lives in any way then they cannot be compensated for anything. If a person suffers an injury that harms them physically, mentally, or financially, they can seek compensation for their damages.
Understanding Medical Malpractice With a Lawyer in Tampa
Learning what makes a medical malpractice viable can be understood with a medical malpractice lawyer in Percy Martinez’s Tampa location. They help their clients comprehend the basics of a medical malpractice claim and if they do have a claim, they won’t rest until they have made their clients happy.