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