Medical malpractice is an actionable or non-actionable medical term. You can make a claim to compensation for the medical malpractice which has caused physical and mental pain, disability and suffering, and loss of income.
Medical malpractice is considered as an actionable term because of the legal technicalities involved in the law of negligence and statutory laws. It is a principle of law that is valid and binding on the state. The law would have to state clearly in the law book the duty of a doctor towards a patient and the limits of the doctor’s duty of care.
When people talk about medical malpractice, they may be referring to the general term of negligence. The general term medical malpractice covers all types of care giving actions. Among the main types of malpractice actions are negligent treatment, failure to diagnose and treat the problem accurately, administering the wrong drug, using inappropriate tools or implements etc. The type of treatment depends on the nature of the injury that the patient has and the extent of injury.
Though the term may sound a common thing, it actually carries a lot of weight in terms of liability for the doctor. By state law, the minimum amount of damages one can seek is two thousand dollars.
In the US, you can make a claim for compensation for medical malpractice for emotional distress and loss of earning capacity. You may also make a claim against the doctor in the event of lack of informed consent. For example, if you fall ill, and the doctor does not take the time to inform you that you are having a physical problem, you may be able to pursue a claim.
Medical malpractice also involves a range of other factors like breaching any standards of medical practice, failure to protect the patient’s interests, gross negligence and malpractice. If a patient is unable to deal with the treatment effectively and refuse the treatment, the patient may be able to sue.
The victim seeks medical assistance from a doctor because of physical, emotional or mental problems, which in the case of certain disorders or conditions, has the potential to cause severe harm. A patient may be a child or an adult. A patient is entitled to claim compensation of at least two thousand dollars per day to meet his daily needs.
There are numerous medical negligence claims that you can make on your own. You should check the legal guidelines on your state’s law book. Medical malpractice claims are very common in many of the western countries such as the United States and United Kingdom.
In cases of medical malpractice, the lawyers of the claimant must act as an adviser and advocate to his client, to help him stand up to the standards of conduct expected from the doctor. The lawyers advise their clients and then take them through the entire legal procedure of making a medical malpractice claim.
The claim has to be timely and valid to ensure its success. The claimants also have to be ready to bear the expenses for the legal proceedings. In many states, the claimant has to deposit the required sum of money before making the claim.
In many states, the medical insurance company or the medical service provider may be liable to pay compensation to the claimant. It is for the medical service provider to prove that it has suffered loss due to the breach of duty of care by the doctor. The burden of proof for the doctor rests on the doctor himself.
A lawyer that represents you is required to make sure that the claim is authentic and based on the facts. In this way, he ensures that the legal procedures are performed properly. Medical malpractice cases are usually settled out of court and the claimant is entitled to receive compensation of three thousand dollars per day.