Medical malpractice is a term used to refer to professional negligence by a medical professional or healthcare practitioner or provider where treatment that was provided was poor and therefore it caused harm, injury and death to the patient. Most cases of medical malpractice usually involve medical error in diagnosis, dosage, treatment, or medical aftercare. In most instances you will find that a medical error occurs because what ought to have been done was not done or was ignored by the healthcare professional. Now there is medical malpractice law which gives the patients the chance to recover for compensation from any loss or harm they may have suffered due to medical negligence by their healthcare providers. Off course you will find that the regulations and standards that control cases involving medical malpractice may differ from one country to the next.
It must also be understood that the medical doctor or healthcare provider is not liable for all harms and losses the patient may suffer. This law only makes the doctor or healthcare provider liable for harms and injuries that resulted because they deviated from offering quality of care to the affected patient. So what are the basic requirements for making a medical malpractice claim? In order for you to prove that indeed you suffered from medical malpractice you will be required to show all these things below occurred:
That a doctor-patient relationship existed
You must be able to prove that you had a doctor-patient relationship with the medical practitioner that you are suing. What this means is that you hired the healthcare practitioner or doctor and he/she agreed to be hired by you. It must be proven that indeed the doctor in question treated directly.
The doctor acted negligently
You cannot sue a doctor for medical malpractice simply because you were not satisfied with the results that you got. You must prove that indeed the doctor in question acted negligently in connection with your medical diagnosis or treatment.
The doctor’s negligence caused you the injury
Because most medical malpractice cases usually involve patients who are already sick or injured may be from accidents, it always becomes difficult to prove that it was the doctor’s negligence that caused more injury or death. That said, it will be upon the claimant to prove that indeed it was the doctor’s negligence that actually caused more injury or death to the patient.