Medical Malpractice – What You Need to Know About It
Health professionals are known to save lives and treat people of their diseases and other ailments. They look over everyone’s health condition, and would do their best to make them feel well and better again. It is their duty, as stated in the Hippocratic Oath, that they sworn before becoming professionals, to practice their profession according to the standard of ethics. But then again, doctors, nurses and other health professionals are still human and can be vulnerable to errors.
The failure of a medical professional to exercise his duties in accordance to the standards of his profession is called medical malpractice. The patient, who is receiving treatment from a doctor, nurse, or the hospital itself, may be harmed because of the act of failing to conform to what is prescribed of them to do. As this involves the worsening of a certain person’s health, it is considered a personal injury.
A patient can file a claim proving the doctor or any medical professional exercised did something that is considered as a medical malpractice. With the help of an injury attorney Los Angeles, he must prove certain points to strongly support his claim:
• The existence of a doctor-patient relationship
This is one of the easiest points that will satisfy the possibility of a medical malpractice. The patient must show that the relationship started with him hiring the doctor and the doctor agreeing to it. As long as the doctor gives him direct treatment, there is the existence of a doctor-patient relationship.
• Doctor’s negligence
Negligence, in legal terms, is the failure of someone to exercise reasonable care towards another. In medical malpractice, the doctor is deemed negligent if he caused harm towards his patient due to his unreasonably skillful and careful act of treatment or diagnosis. The patient must take note that his doctor won’t be liable for his condition just because he is not happy with the results or the treatment that he is receiving.
• Injury as the end result of the doctor’s negligence
Many cases of medical malpractice usually involve patients who are receiving treatment because of a certain disability or medical condition. The patient must prove that it is “more likely” that the doctor’s incapability to exercise his medical duties directly caused an injury or the worsening of his condition. In doing so, the patient must seek a similar medical expert as the erring doctor to confirm that the doctor actually did exercised negligence.
• Existence of damages as a result of the injury
If the doctor or a nurse performs something that is not considered part of his or her duties as a medical practitioner, it could aggravate a bodily injury or any symptoms related to the patient’s ailment. The patient can file a medical malpractice claim if the medical professional’s actions caused physical pain, mental suffering, and further rise of medical bills, and the losses in consortium or ability to work and earn.
This type of personal injury case is one of the most complicated. Once the patient has already experienced all of the aforementioned points, he can file a medical malpractice claim against the erring medical professional through the guidance of an injury attorney Los Angeles.
Anderson - About Author:
Macky Anderson is web content writer by profession. He graduated from a reputable university with a degree in history. He writes articles regarding legal topics like santa monica personal injury claims, california auto accident claims and everything about the law.
Published by John Kennedy on December 8th 2011 | Law
Published by Carolmoore on March 6th 2012 | Law
Published by Suji Katie on February 1st 2012 | Law
Published by Carolmoore on March 13th 2012 | Law
Published by Nichel Johnson on June 20th 2012 | Law
Published by John Kennedy on January 3rd 2012 | Law