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Do you have a medical malpractice claim?

What is Medical Malpractice?

When a Health Care Professional provides substandard care, as determined by a medical expert, and a patient is harmed medical malpractice rules may apply. Here are a few key details to assist you in determining if you have a medical malpractice claim.

Do you have a medical malpractice claim?

If you have suffered an injury and feel the provider practiced substandard care there are generally four areas to consider: Relationship, Negligence, Causation and Damages.

  • Relationship: The first test is easily met when the negligence resulted from a provider you received care from directly. This is known as the provider-patient relationship.
  • Negligence: Next, the provider must be negligent providing substandard care according to treatment norms.
  • Causation: A causal link between the negligence provided during the provider-patient relationship and the injury you sustained.
  • Damages: The final basic test relates to damages. Did you suffer any of the following: physical pain or mental discomfort? A permanent injury result from the negligence of your provider? Lost time from work or suffer a reduction in earning capabilities? If so, you likely pass this fourth general test.

What actions qualify as malpractice?

Most medical negligence fall into these categories:

  • Misdiagnosis: The incorrect diagnosis of an illness or injury.
  • Improper Treatment: Treatment outside the standard of care a competent provider would have offered.
  • Failure to Inform: Providers have a duty to inform patients of the known risks associated with a treatment course. When the provider fails to explain the known risks to a patient the failure can trigger medical malpractice.

Help is a call away

Medical malpractice law is complex and changes from state-to-state. There are many things to consider and it is important to know rules that govern: Time Period “Statute of Limitations”, Notice Requirements and Awards Limits. To navigate the complex landscape get advice or representation from a lawyer. Contact Ashcraft & Gerel today for a free case evaluation.

*This blog was adapted from an article on NOLO to learn more about medical malpractice in the DC, Virginia and Maryland areas please contact us today.