Personal injury is a big thing in the American Justice System. Although most are caused by road traffic accidents and the like, some happen even in the safety of the hospital rooms, where one is supposed to receive the much needed treatment for injuries and other ailments. Medical malpractice is a horrific thing to go through. You trust your life on an individual’s expertise, and then something absolutely horrible, whether accidental or intentional, happens. First off, the term Medical Malpractice is a term used to coin a situation where in a patient has been harmed by a doctor. The most common causes include wrong prescriptions and complications that have arisen due to a failure in surgery. Like all personal injury suits, this involves the negligence and incompetence of the accused party. Before you can file a case however, there are some principles and instances that must have existed or happened prior or after the treatment.
A Doctor-Patient Relationship. This relationship is may seem to be vague and obscure, however, the main basis to prove this is that the doctor agreed to be hired for the patient, regardless of the terms and conditions set by both parties. There must either be a written or verbal proof. One good example is that you cannot sue a doctor who was punch-drunk and intoxicated in a drinking session who jokingly gave you an obviously outrageous and humorous medical advice which you happened to take seriously. Once you have a written prescription and if you had a few check-ups, then it is certain that the doctor-patient relationship existed.
Negligence. Remember, just because you were unhappy with the treatment, does not mean that the doctor is liable for Medical Malpractice. A good example is when scars appeared and failed to disappear after a major operation, which caused you discomfort. However, in this case the doctor was able to treat your ailment effectively, therefore you cannot sue him. In order to do so, you must be able to prove that the doctor would have treated you in a way a competent doctor, under the same circumstance would not have. His treatment is not really required to be the best possible; he is only required to be “reasonably skillful and careful.” All doctors in the country are required to adhere to the medical standards imposed by the laws of the state.
The doctor caused the injury or complications. Logic tells us that most patients that came to avail treatment from doctors and physicians were already feeling some sort of discomfort beforehand. In many Medical Malpractice cases, the question of whether the doctor did it or not is often asked and sometimes, it is pretty hard to prove. For example, if a patient with an advanced stage of liver cancer went for a checkup to a renowned and respected doctor and dies the following month after the treatment, then it would be hard to prove that the doctor was negligent, given the severity of the ailment. It must also be proven that the medical professional’s mishandling led to specific damages, like pain, mental and emotional anguish, more medical bills and loss of earning capacity.