Proving the Occurrence of a Medical Malpractice

Medical malpractice refers to a situation wherein a person was injured or suffered damages brought about by a medical care professional such as a physician. Other areas touching malpractice by those in the healthcare field such as a chiropractors, dentist, nurse, also may be implicated. In the case of a dentist, it is called dental  malpractice. In this case, the victim may file a medical malpractice claim. A medical malpractice is caused by the negligent behavior of a health care provider which caused an injury or in worse cases, death, of the patient. When the death of an individual is related to medical malpractice, it can be categorized as a wrongful death. Lawrenceville dentist

There are certain elements a case must include so that the victim can prove the negligent behavior that resulted to medical malpractice. 

Essential Elements to Prove Negligence

  • It must be provided that the health      care provider owes a duty of care for the patient. This element is usually      established in a medical malpractice case. It also often an issue left      undiscussed since when a medical professional agrees to provide services      or care to an individual then a doctor-patient relationship is already      established.
  • Another type of evidence needed is      that the provided service or care did not meet medical standards. Failure      to provide the standard quality of service a health care must provide is      another basis for medical malpractice.
  • It must be proven that due to the incompetence      or negligence of behavior, the patient has suffered pain or damages. These      damages in a medical malpractice claim may refer to physical and      psychological damages.
  • It must also be established that      the injury suffered by the victim is because of the misconduct or the      medical malpractice.

A medical malpractice case is a way to seek monetary compensation for the damages suffered by the patient. Non-economic damages and sometimes punitive damages are also punished to a medical professional proven guilty of medical malpractice.

A patient who is a victim of medical malpractice may sue either the health care provider, who can either be a doctor, a dentist or a nurse, or their employer. An employer may refer to a hospital, clinic or a medical organization. If it can be proven that the employer has hired an incompetent worker and made him/her treat patients despite the insufficient knowledge and experience, then the employer can be subject to a medical malpractice lawsuit.

Medical malpractice cases are a thriving social issue as medical organizations say that there should be a set limit for the monetary compensation a patient may receive. On the other hand, others say that putting a limit for compensation for damages in a medical malpractice case may give a free reign to medical professionals and might limit the opportunities for victims to pursue a medical malpractice lawsuit against health care providers or organizations.