Did you know that there are 200,000 to 440,000 deaths per year in the United States caused by medical malpractice? We seldom notice these numbers but there is a steady increase going on. Let us define the term ‘medical malpractice’ first. To be exact, each state has their own definition of the term. When a licensed medical doctor commits care that falls below the recognized standard level of care to a patient is the general definition of medical malpractice. It only means the doctor was careless. Automatically, you will need someone like an expert witness to testify for you. Not just to win the case but to understand everything that you need to know of your state’s law is possible with the help of a medical malpractice lawyer.
These few terms you must know first before you will be able to understand better if you are going to need an attorney for your case. This article will only tackle 4 of the many elements of medical malpractice which are very important. When a patient is injured during a medical care done by a doctor or as a result of a poor level of care by a doctor then getting an attorney is a must. But you must approve all of these 4 elements in order for you to want to hire an attorney.
Doctor-patient relationship. To hire your own medical malpractice attorneys make sure first that when the incident happened you have a doctor who has agreed to be hired by you in the first place. Whether the person is a medical doctor or from other related medical health profession it does not matter. There must be a doctor-patient relationship for it to be considered a medical malpractice.
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Negligence. It should mean that your attending physician or the doctor that you hired was able to do a medical care for you when we talk about medical malpractice and it should be under the standard level of care which resulted to an injury or worsening your condition. A strong decisive factor if you are going to need an attorney is this element.
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Causation. The term ‘underlying condition’ means that whatever condition you are in right now should have caused your current condition and not the result of an incompetent care from your medical doctor. For some cases they might seem like they are doing it which we all know that all doctors are capable of taking care of you but in fact some of them are doing it ‘less’.
Damages. The result of your medical doctor’s care especially when there is an injury that has been done to your during the procedure is when lawsuits are only feasible to happen. As long as there is no injury then you won’t have a lawsuit or if a doctor might have done a grossly incompetent job on you.
These four elements should be met first before you can hire an attorney.