Understanding Medical Malpractice and Filing Medical Malpractice Claims
When a medical professional, such as a physician, fails to conduct their medical duties in a competent and responsibly way and causes harm to a patient it may be considered medical practice. However, these cases are governed by strict rules that define specific requirements needed before a case can be presented in court. While these laws vary from state to state, there are general guidelines that apply to the most common types of medical malpractice claims. Here is an overview of the general principles regarding filing claims.
Basic Medical Malpractice Claim Requirements
If you believe that you or a loved one was harmed by a medical professional and you want to file a medical malpractice claim against that physician, you will be required to prove –
- That you had a medical relationship with the physician you are filing the claim against. You can’t file a claim against a physician who was not directly involved in your care. For example, you cannot file a claim against a physician for advice given to someone else. In fact, filing a claim against a physician who was consulted in your care can be difficult if they did not treat you. Proving the relationship is a basic component of the lawsuit and generally very easy to prove. [Read more…]