What You Need to Know About Medical Malpractice Claim


Despite the rigid standards of patient care and safety, the members of the health care team, most especially the doctors and the nurses are at high risk for medical malpractice. Health care professionals are sued because there is an apparent breach of the standard of practice that caused harm, injury or death to the patient. Each year thousands of doctors face medical suit because of the medical malpractice.

Classification of medical practice

Before the case is even called as a case of medical malpractice, the board should need to establish the four elements that constitute the medical malpractice.

1) Duty
2) Breach
3) Causation
4) Damages

Owed duty – this was when the health-care professional was able to undertake the treatment or care for the patient.

Breach – when a health-care professional failed to provide the standard care to the patient.

Causation – when the patient suffered an injury or harm due to the breach of patient care.

Damage – when a patient sustained damage due to doctor’s error.

To establish that these elements are present, patient or the family’s representative has to resort to medical malpractice lawyer for this legal battle. Suing doctors to claim for medical insurance is bloody and long. It can take years to finally win the case or lose it.

Seek legal help

The professional negligence is not easily observed because of the environment. In the hospital, health care professionals are pre-occupied with the management of care and other related works. Besides not all family members know how the standard of patient care unless obviously when the patient died or suffered from apparent injury. In this, the facility is held liable for what happened and the health care professional, in particular, has to provide a clear answer to what happened.

Seeking legal help is a prudent thing to do when a patient is injured or harmed while admitted to the hospital or in the other health care facility. And just like any legal battle, to make the case strong, experts are called in to testify to provide a clearer and comprehensive visual on what happened at the facility.

Experienced Legal Representative

The best lawyer, to tap to help the legal fight for the medical insurance and other claims, must have the experience in handling medical malpractice suit. These lawyers are well-versed in this field, and the aggrieved party has a strong chance of winning the case, although this is a hard legal battle. However, it most cases, a settlement is agreed upon depending on the severity of the case.

Now that everyone to have health insurance through the Affordable Care Act act, the risk of being sued for medical malpractice remains high for the members of the medical team. Doctors and the rest of the team are working closely to uphold the “do no harm” dictate in the profession. By doing so, medical malpractice is eluded and if the evidence all points to the four elements of professional malpractice, let the rule of law prevail.

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