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The Basics Of Medical Malpractice And How To Prove A Claim
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Medical malpractice entails harm, injury or discomfort incurred due to negligence, incompetence or fault of the supervising doctor or medical practitioner. Although the rules of filing a medical malpractice lawsuit are different in every state, following are some general principles and broad categories of the rules of medical malpractice:
Basic Requirements of Filing the Claim
In order to file a complaint, you must be able to prove the following things:
• The existence of a doctor-patient relationship: you cannot sue a doctor who wasn’t officially treating you; eg. If the doctor gave you medical advice at an informal gathering and that advice led to the said discomfort, medical malpractice cannot be proved. You must have hired a doctor and have the necessary paperwork to show that you paid for the doctor’s services.
• The doctor made a mistake or was negligent: you have to prove that your discomfort or injury has resulted due to the doctor’s incompetence, mistake or negligence. You can’t simply sue a doctor just because you were unsatisfied by his/her treatment. Usually an expert has to be presented who testifies as to what constitutes as the reasonably skillful and careful standard of treatment given under similar conditions. You have to prove that your doctor didn’t meet those standards
• There are significant damages: even if you can prove that the doctor was negligent, incompetent or made a mistake, a medical malpractice lawsuit cannot be filed if you didn’t suffer any harm. The types of damages may include:
§ Mental anguish
§ Lost earning capacity
§ Physical pain
§ Additional Medical bills
§ Lost work
In addition, the claim must be filed as soon as possible after the damages have been incurred for the lawsuit to be considered valid.
Phoenix Medical Malpractice
Medical malpractice in orthopedic surgeon phoenix , dentists, psychotherapists and all other licensed healthcare providers. Examples of Arizona medical malpractice include an unreasonable or arbitrary delay in treating a condition, a misdiagnosis of a medical condition, following improper procedures or providing substandard treatment for an illness or injury. In Arizona, a claim must be made within two years from the time that the injury occurred.
The Phoenix Attorney Network houses the best medical malpractice lawyers in the state. During consultation, they will hear your end of the story, review your case and advise you accordingly. If the case were to proceed to trial, the Phoenix attorneys will make sure that justice is served. If you think you have been a victim of medical malpractice, then contact us a Phoenix attorney today.
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