Texting driver caused my accident

3 Things To Know About Medical Malpractice

If any kind of health care professional acts in a negligent matter, it could result in their patient becoming injured or sick. When this occurs, it's called medical malpractice. If a patient can prove they have become sick or injured as a result of medical practice, they could end up receiving compensation. Proving something like this requires knowledge of the law, which is why patients in these kinds of cases hire a medical malpractice attorney.

To help you better understand medical malpractice, here are three things you should know.

1. Know the Different Kinds of Medical Malpractice 

Medical malpractice can occur in different ways, one of which is to get misdiagnosed by a medical professional. Getting misdiagnosed prevents patients from receiving the right treatment, which can make them even sicker. A patient can get misdiagnosed if their symptoms are similar to that of other diseases.

Medical malpractice can also occur during surgery. When a surgeon operates on the wrong limb or performs an incorrect procedure, they are committing a surgical error, which is another kind of medical malpractice. Birth injuries, medications errors, and medical product liabilities are other kinds of medical malpractice.

2. Know How To Prove a Medical Malpractice Case

The first thing to do when trying to prove medical malpractice is to hire a medical malpractice attorney. An attorney can walk patients through all the legal jargon and steps required to file a medical malpractice claim. A medical malpractice attorney can also ensure that the patient really does have a medical malpractice case. The first thing the patient will need to prove for their case is that they had an established relationship with the health care professional that caused them sickness or injury.

The health care professional must also have been negligent in the following areas:

  • Duty
  • Dereliction
  • Direct causation
  • Damages

The kinds of damages the patient sustained as a result of medical malpractice include physical, emotional, and the inability to go back to work.

3. Know How to File a Medical Malpractice Claim

With the help of a medical malpractice attorney, the injured patient can file a medical malpractice claim. They need to file this claim within a certain amount of time of being harmed by a health care professional. This statute of limitations is different for each state. If the medical malpractice lawsuit gets filed past the statutory deadline, the court will most likely dismiss the case. The patient will also need to send a notice to the health care provider that is being sued before the medical malpractice lawsuit is filed.

For more information, contact a law firm near you, such as Labine Law Firm.

About Me

Texting driver caused my accident

Have you ever picked up your phone and sent or read a text message while you were driving? Do you know just how dangerous that is? All that it takes is one split second for your life to change forever and to change someone else's life forever. I was hit from behind because a well-dressed business man couldn't wait until he was stopped to respond to a text message. I saw him coming in my rear view mirror, but there was nothing that I could do about it. This accident happened over a year ago and I still suffer every day. My blog is filled with information that can help others that have been injured by texting drivers.


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