Medical malpractice is legally defined as a professional negligence by the exact act or oversight of a health care provider where the level of care departed from typical practices and standards of the medical community resulting in injury or death to the patient.
While the standards and regulations that cover medical malpractice vary from state to state, every state requires medical professionals to hold professional liability insurance at all times in order to compensate for the costs of lawsuits. You can also know more about federal tort claims act statute of limitations via https://militarymedicalmalpractice.net/ftca/.
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In order to bring a case forth, the plaintiff should consult with an attorney to determine if the case is viable. For the case to be viable, the plaintiff must be able to prove that the case meets all four main rudiments of the tort of negligence as follows:
1. A legal duty was owed: A legal duty exists when a medical professional or medical facility agrees to take part in the care of a patient.
2. A legal duty was violated: This can occur when the medical professional fails to adhere to basic standards of care. The standard of care can be proven in court by evidence of an obvious mistake or by the use of expert testimony.
3. The violation resulted in an injury: The violation of legal duty directly caused the injury in question.
4. Damage: There must be measurable damages in order to proceed with a claim of medical malpractice.
Once it has been determined that the above-mentioned areas have been met, the plaintiff must have the attorney file a lawsuit with the court system.
If you feel as though you have been the victim of medical malpractice it is always a good idea to speak with an attorney that specializes in the field. He or she will be able to determine if your case is sound, know exactly how to handle your claim, gather the necessary information, and guide you down the path that will yield the best result.