| For general information, medical malpractice | | | | negligence committed in relation to the |
| is commonly associated with doctors and | | | | treatments and evaluations made. |
| medical providers who make mistakes through | | | | |
| action or inaction in treating their | | | | If, however, you are bent in pursuing a claim |
| patients. There are several types of medical | | | | for damages as a result of a medical |
| malpractice not just only mistakes in | | | | malpractice committed against you, you must |
| treating patients such as: | | | | remember that there are three (3) elements |
| | | | you need to satisfy to prove medical |
| 1. Failure to diagnose a patients medical | | | | malpractice. |
| condition | | | | |
| | | | First element is injury. You must prove that |
| 2. Delay in the delivery or performance of | | | | your injury is caused by your health care |
| treatments | | | | provider or your doctor. This will be hard to |
| | | | prove because you are obviously not at your |
| 3. Failure to perform necessary surgery or | | | | best health wise thats why you went for |
| other medical procedures | | | | evaluation or treatments in the first place. |
| | | | |
| 4. Failure to properly explain the medical | | | | Second element is negligence. You must show |
| procedures to be performed on a patient or | | | | that negligence was committed by the doctor, |
| the potential side effects post-surgery | | | | health care provider or their staff. You must |
| | | | be able to show that the standard of care |
| 5. Prescription errors | | | | given to you falls below what is generally |
| | | | accepted in the field of health care |
| If you or anyone of your family members | | | | professionals. |
| happens to be a medical malpractice victim, | | | | |
| know now that claiming damages is very | | | | Last element is statute of limitations. You |
| difficult. First, it is very difficult to get | | | | must show that your action is not yet barred |
| admissions from treating doctors or staff of | | | | by the statute of limitations. This is |
| medical providers that negligence was | | | | statute or law based and the time starts from |
| committed. Second, it is very hard to find | | | | the date the negligence happened. |
| witnesses who will be willing to testify that | | | | |
| negligence was indeed committed resulting to | | | | If you want to claim for malpractice, weigh |
| the patients injury. Third, the process is | | | | the costs and troubles if it is worth it. |
| very expensive because the victim needs to | | | | Better yet, seek the services of an expert |
| involve expert medical witnesses to testify | | | | lawyer for advise in order to have an |
| as to the medical procedures done and the | | | | informed decision on the matter. |