Malpractice Definition: Does Your Case Qualify?
The word malpractice is thrown around quite often, but most people do not understand the true definition of malpractice. It is defined as negligent conduct or an unreasonable lack of skill in the performance of a medical task. This could be on the part of a physician, or a healthcare facility where the task occurs. However, to determine whether someone has a legal case that may be able to provide them with compensation because of the perceived negligence of the doctor or facility, they need to be able to prove certain things first.
What Happens First…
The plaintiff will need to prove duty, which is the existence of a legal relationship between themselves and the defendant. They also need to prove that there was a breach of duty and that the physician did not comply with the accepted standards of malfeasance or by non-malfeasance. The plaintiff also needs to prove that they have sustained some type of injury because of the negligence on the part of the defendant. This could be compensatory or punitive. These might include medical expenses, pain and suffering, lost wages, and lost earning capacity, for example. The plaintiff will also need to prove that there is a reasonable connection between the negligence or omission of the defendant and the injury that was suffered. All of these elements need to be proven for these types of cases to be successful.
What To Do Next…
If this sounds confusing or like a lot of work, it is because it can be. If you believe that you or someone you love has been the victim of medical malpractice, you will want to be sure to get in touch with an attorney that specializes in the field. The attorney has the knowledge and the experience needed to follow up on your case, gather the experts and the evidence needed, and prove all of the points listed above. The attorney can determine whether you have a case and if you should proceed with legal action. They can also make sure you understand each part of the process of filing and going through one of these lawsuits.
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