Medical malpractice is a type of professional mistake that cause harm to a patient. The mistake may result from an act of commission, (inappropriate action taken by the practitioner or omission, (failure to take appropriate action). According to Gary Wais of Wais Law, a Baltimore medical malpractice law firm, the purpose of medical malpractice law is to provide patients with a form of recovery for the injuries that were negligently inflicted upon them by their physicians.
To win a settlement you have to prove the 4 elements of a medical malpractice tort.
I Duty: You must prove that you had a ongoing patient physician relationship with your Doctor and therefore he had the obligation to diagnosis illness and provide treatment, with a "reasonable level of skill."
II Breached: You must demonstrate that your Doctor's care did not meet the expected standard of care. This finding is usually made by an expert witness who is consulted by the malpractice legal team.The expert will prove that your physician acted carelessly or negligently and did not behave as a reasonable physician would have done. If, for example, your physician failed to make a diagnosis that a physician reasonably should have made, that might be considered breech of his duty to render a reasonable standard of care. In the rare instance where it is shown that your physician acted with the intention to harm you, he might be liable to criminal persecution. More often malpractice occurs when physician just act very negligently and carelessly, without malicious intent.
III Injury: You must show that your Doctor's error was the immediate, (proximate), cause of some type of injury. For example, if your Doctor made an incorrect diagnosis and subsequently rendered treatment based on that diagnosis and it caused you harm, that would be considered an injury occurring as a direct result of physician error. Put in another way, you must show that if the physician had rendered treatment in another way, the injury wouldn't have occurred.
IV Damage: You must prove that the injury caused damages. In legal parlance, there are two types of damages. Damage is described as either direct, i.e. loss of wages, the cost of unnecessary medical treatment, the cost of additional treatment needed to correct the injury or indirect, i.e., emotional distress, physical pain or other type of suffering.
If you believe you have grounds for a medical malpractice suit, but you signed a waiver before a medical procedure, bear in mind that signing the waiver does not bar you from suing your physician. When you signed the waivers you assumed you would be getting a reasonable standard of medical care, not negligent or careless physician treatment. Also keep this in mind, if you have a valid case, it will probably be settled out of court.
Author Resource:
Gary Wais is a Baltimore medical malpractice lawyer. His law firm, Wais Law, is a medical malpractice law firm that specializes in birth injury malpractice birth trauma malpractice and other forms of medical malpractice. and personal injury.
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