Medical malpractice is a type of professional blunder that cause suffering to a patient. The mistake may result from an act of commission, (inappropriate action taken by the practitioner or omission, (failure to take appropriate action). According to Gary Wais of Wais Law, a Baltimore medical malpractice law firm, the purpose of medical malpractice law is to provide patients with a form of recovery for the injuries that were negligently inflicted upon them by their physicians. To win a settlement you have to prove the 4 elements of a medical malpractice tort. I Duty: You must prove that you had a ongoing patient physician relationship with your Doctor and therefore he had the obligation to diagnosis illness and provide treatment, with a "reasonable level of skill." II Breached: You need to prove that your physician's treatment failed to meet the normal standard of care. This finding is usually made by an expert witness who is brought into the case by the malpractice lawyer.The expert must prove that the physician's actions or his failure to act were not characteristic of the kind of treatment rendered by a reasonable physican. For example if a Doctor fails to note the rising blood level of a medication, which subsequently harms the patient, that might be considered failure to meet the normal standard of care. Should it be found that your physician acted with the intention to harm you, he could be liable to criminal persecution. More commonly malpractice occurs when physician just act very negligently and carelessly, without malicious intent. III Injury: You must show that some type of injury incurred as a direct result of your Doctor's negligence. For example if your Doctor failed to order an EKG after you appeared in the ER with chest pain, and then after discharge you suffered severe heart damage, you could argue that your Doctor's failure to properly diagnose the heart attack caused the damage. Looked at it another way, you must show that had your Doctor acted differently, the injury wouldn't have occurred. IV Damage: You must prove that the injury caused damages. In legal parlance, there are two types of damages. Damage is described as either direct, i.e. loss of wages, the cost of unnecessary medical treatment, the cost of additional treatment needed to correct the injury or indirect, i.e., emotional distress, physical pain or other type of suffering. If you are considering a malpractice action, keep in mind that you are not disqualified merely because you signed a waiver before a medical procedure. You agreed to a medical procedure involving reasonable care, not one involving careless substandard treatment. Also keep this in mind, if you have a valid case, it will probably be settled out of court.
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A claimant seeking to win a medical malpractice law suit must prove the existence of all four elements of a malpractice tort. The 4 elements are: Duty, Breech, Injury and Damages. Read more below.
Gary Wais is a Baltimore medical malpractice lawyer. His law firm, Wais Law, is a medical malpractice law firm that specializes in birth injury malpractice birth trauma malpractice and other forms of medical malpractice. and personal injury.
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