Do I have a malpractice Claim?

Medical malpractice is a type of professional 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.

If you are going to be a claimant in court, you must prove the presence of all four components of a medical malpractice tort to obtain a settlement.

I Duty: You must prove that you had entered into a patient-physician relationship with your Doctor which therefore obligated him to make accurate and timely diagnoses and to give treatment.

II Breached: You need to prove that your physician's treatment failed to meet the proper standard of care. This is usually accomplished through expert testimony arranged for by the malpractice lawyer.The expert must prove that the physician's actions or his failure to act were not characteristic of the quality of treatment rendered by a reasonable physican. For example if a Doctor fails to recognize the rising blood level of a drug, which subsequently harms the patient, that might be considered failure to meet the normal standard of care. If your Doctor acted maliciously and deliberately sought to harm you, he may face criminal charges. More often malpractice occurs when physician just act very negligently and carelessly, without malicious intent.

III Injury: You must show that some type of injury incurred as a direct result of your Doctor's negligence. For example, if your Doctor made an inaccurate 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 prove that if the physician had acted in another way, the injury wouldn't have occurred.

IV Damage: You must prove that damages resulted from the injury. 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 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. You agreed to a medical procedure involving reasonable care, not one involving careless substandard treatment. Also keep this in mind, if you have a valid case, it will probably be settled out of court.

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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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