Medical malpractice happens when a doctor fails to perform his or her medical duties and responsibilities, leading to patient harm. If you have been injured by a physician, contact Alexander Petraglia. Mr. Petraglia has plenty of experience in helping patients to seek recovery from medical malpractice.
Types of Medical Malpractice Claims
Many kinds of circumstances can result in a medical malpractice claim. Any time that a health care provider has harmed a patient through carelessness or negligence, a claim is possible.
The most common types of medical malpractice claims include:
This type of claim occurs when the patient suffered an injury or damage because they were not properly diagnosed. Diagnostic errors cause roughly 10% of negative patient outcomes in hospital settings.
Treating a patient inappropriately is cause for a medical malpractice claim. Along with improper treatment, improper administration of treatment can result in a medical malpractice claim.
Failure to Inform Patients of Known Risks
Physicians have a duty to inform their patients of the risks of any medication, treatment, or procedure. If a doctor fails to inform their patient of known risks, they are vulnerable to a medical malpractice suit.
Without knowing the risks, a patient cannot provide informed consent. This can cause a patient to undergo a procedure that they otherwise would have refused. When a patient is injured through a risk that the doctor failed to mention, it may qualify as medical malpractice.
Requirements for Filing a Medical Malpractice Claim
Doctors are only human. They make mistakes, like everyone else. Not every mistake by a doctor qualifies as medical malpractice.
Proving medical malpractice involves the following:
An Existing Medical Relation
In order to file a malpractice claim, you must prove that a doctor-patient relationship existed. This protects doctors from frivolous lawsuits by claimants who are not their patients. Proving that you hired a physician should be easy through medical bills and correspondence.
The Physician Was Negligent
As mentioned above, not every unsatisfied patient is the victim of medical malpractice. To have a legitimate claim, you need to prove that the doctor breached their duty to treat you in a reasonably skillful and careful manner.
Most medical malpractice cases hinge on the attempt to prove negligence. If the doctor’s treatment did not rise to the Medical Standard of Care, it is an instance of malpractice. You will need to show that the physician did not act in the way that a competent health care professional should.
The Negligence is the Cause of the Damage
Simply showing that the doctor behaved negligently is not enough. You must also prove that the doctor’s negligence was the direct and proximate cause of the damages that you suffered.
This element of a medical malpractice case can be difficult. If a patient is already injured or sick, showing that the doctor’s actions led to additional harm can be challenging.
Some examples of relevant damages in medical malpractice cases include:
- Pain and suffering
- Additional medical costs and expenses
- Lost income due to missed work
- Long-term loss of earning capacity
If you believe that you are the victim of medical malpractice, contact a skilled legal representative as soon as possible.
About Alexander Petraglia
Alexander Petraglia is a licensed trial attorney who is dedicated to the vigorous representation of his clients. He currently works at Deters Law Office and has experience in both criminal defense and civil suits. Notably, Mr. Petraglia has completed Gideon’s Promise Trial program, focusing on perfecting trial advocacy and client care. He gives it his all in every case to protect his clients’ liberty, health, and wealth.