What is medical malpractice?

judge gavel in hands of doctor for criminal and civil law

Of all the people we should be able to trust, it is medical professionals. We depend on them when we or a loved one is most vulnerable, for good advice and excellent care. Unfortunately, it doesn’t always work out that way, and things are only made worse. Medical malpractice can make a bad situation worse, but it can also be a complex legal issue.

What qualifies as medical malpractice?

There are a few different categories of medical malpractice: improper treatment, failure to diagnose a problem, and failure to inform a patient of the possible risks that come with a course of treatment or procedure.

Unfortunately, there are also many things you have to prove to successfully file a medical malpractice claim:

• You must be able to prove that there was a doctor/patient relationship and that the doctor treated you directly.

• You must be able to prove that your doctor and/or medical team was negligent. This doesn’t have anything to do with not getting the results you wanted, as that doesn’t mean there was negligence. You must be able to show that your doctor caused you harm in a situation where a skilled, careful, competent doctor would have been able to avoid this.

• You must be able to show that the negligence caused you harm or injury. This can be difficult to prove, as you already had some sort of illness or injury that sent you to the doctor in the first place. You must be able to show that the doctor is the one who caused you further injury more likely than not.

• You must be able to show that the doctor’s actions (or inaction) caused you harm, including the loss of work or the loss of the ability to earn a living, additional medical bills, mental anguish, and/or physical pain.

As you can see, it can take a lot to prove medical malpractice. Make sure that you have a lawyer with experience to see you through this difficult time and to defend your rights. Find out if you may be entitled to compensation for your pain and trouble by calling Patrick D. Troxler, Esq., at 240-903-0119, for a free initial consultation today.

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