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Medical malpractice is a type of professional error 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 gain a settlement. I Duty: You must prove that you had a real patient physician relationship with your Doctor and therefore he had the obligation to diagnosis illness and provide treatment, with a "reasonable level of skill." II Breached: You must prove that your physician's treatment failed to meet the proper standard of care. This is usually accomplished through expert testimony arranged by the malpractice lawyer.The expert must prove that the physician's actions or his failure to act were not characteristic of the level of treatment rendered by a reasonable physican. If, for example, a physician failed to make a diagnosis that a physician reasonably should have made, that might be considered breech of his duty to render a reasonable standard of care. If your Doctor acted maliciously and deliberately sought to harm you, he may face criminal charges. More commonly malpractice occurs when physician just act very negligently and carelessly, without malicious intent. III Injury: You must show that your Doctor's error was the immediate, (proximate), cause of some type of injury. For example if your Doctor failed to order an EKG after you appeared in the ER with chest pain, and then after discharge you suffered severe heart damage, you could argue that your Doctor's failure to properly diagnose the heart attack caused the damage. Looked at it another way, you must prove that had your Doctor acted differently, the injury wouldn't have occurred. IV Damage: You must show the court that the injury caused damages. 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 medical malpractice suit, but you signed a waiver before a medical procedure, bear in mind that signing the waiver does not bar you from suing your doctor. 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.
Article Source: http://www.gambling-articles.org
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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