Three types of medical malpractice and contacting a lawyer about them

Three types of medical malpractice and contacting a lawyer about them is a post from: http://www.personalinjurylawyercalgaryinc.ca/

If a patient feels they have been the victim of medical malpractice, help is available. The requirements to bring suit and be awarded damages vary from state to state. Fortunately, there are some basic guidelines when it comes to filing a medical malpractice suit. First, let’s discuss the different types of medical malpractice.

The three most common types of medical malpractice are improper treatment, a missed diagnosis, or neglect to correctly warn the patient of risks. Improper treatment is either treating an illness in a way not accepted by the general medical community or incompetently administering said treatment. A missed diagnosis is simply a diagnosis that any other competent doctor would have been able to make that could have improved the patient’s outcome. Neglect to correctly warn the patient of risks includes, but is not limited to, failing to disclose side effects of medications, failing to properly explain the risks associated with a surgery, or failing to disclose risks associated with a particular course of treatment.

If the patient believes the above pertains to their case, then here are three basic requirements any medical malpractice case will need to meet. First, the patient will have to prove that a doctor-patient relationship existed. This means they must prove that they hired the physician. This is mostly an issue if the doctor in question was a consult. Second, the patient must prove that it was the doctor’s fault and not the result of a already existing condition. It must be more than likely caused by the doctor’s incompetence. Third, the patient must prove that harm was caused. This could be physical or emotional pain. It could also be increased hospital bills or lost wages.

As mentioned previously, requirements for a medical malpractice suit vary from state to state. As such, there are a few special rules worth mentioning. First, time is a factor. Most states will allow a suit to only be brought within six months to years after the incident. Second, certain states require a note to be given to the doctor prior to filing the claim. Third, some states require a malpractice panel to review the evidence first before a trial. Fourth, expert testimony is expected and often required at the panels and at the trials. Fifth, most states limit the amount that can be awarded for damages.

While there are some universal rules, medical malpractice suits are complicated.The varying guidelines from state to state can make the act of filing a claim more difficult. Finding a competent attorney who is well experienced in medical malpractice should be a patients first priority.