How Medical Malpractice Occurs
Medical malpractice arises when a patient sustains injuries after being harmed by a physician or medical professional who incompetently performs their duties. While the laws on medical malpractice vary from one state to the other, there are some general principles. Here is a brief coverage on the law and rules that apply to medical malpractice.
Common Types of Medical Malpractice Cases
Some of the basic types of medical malpractice cases include:
- Failure to diagnose: If a qualified physician would have identified a patient's condition or made a different conclusion that would have resulted in a better outcome than what was actually achieved, then the injured patient may make a medical malpractice claim
- Improper treatment: If the physician treated the patient in a manner that no qualified physician would, the patient has a valid medical malpractice case. This also applies when a physician selects the right treatment but administers it inappropriately.
- Failure to warn the patient about the risks of a procedure: A patient is entitled to informed consent when undergoing any medical procedure. Doctors are required to warn their patients about the risks of a treatment. If a doctor does not inform their patients about the possible risks of a treatment and the patient suffers injuries, they may have a valid medical malpractice claim.
What Do You Need To Prove in a Medical Malpractice Case?
The four elements you need to prove in a malpractice case are:
- That you had a physician-patient relationship with the professional you are suing.
- That the physician was negligent in their diagnosis or treatment. You need to show that the physician caused harm to you in a way a qualified physician would not under the same circumstances.
- That the physician's negligence caused the injury. You need to prove that it is more likely than not that your injuries are a direct result of the physician's incompetence.
- The injury must result in specific damages. Some of the types of damages you can sue for include medical bills, physical pain, mental anguish, lost wages, and earning capacity.
If you have suffered from injuries caused by medical malpractice, you need to take action against the physician who was treating you. Because medical malpractice cases are complex and require hard proof, you need a Baltimore medical malpractice attorney to help make things easy for you. Our team at Murphy, Falcon & Murphy works hard to help you seek the compensation you deserve.
To schedule a free consultation, contact us today.