Medical malpractice can be defined as the irresponsible act or behavior by a doctor or a healthcare professional which causes damage and injuries or even death of the patient. In the beginning, there was no such law that can bring justice to those suffering from medical malpractice injuries. When the death rate increased due to medical malpractice in the USA, the government decided to make a proper law against those doctors, professionals, nurses, staff etc., who were committing negligence in their duty. The law is designed to encourage and help those people who suffer from medical malpractice injury and can do nothing due to many factors like lack of resources, lack of information etc.
In most of the cases, it is hard to find out the negligence of the doctor. The patient who suffers from the medical malpractice injury must prove that the doctor or the professional was negligent in his/her duty to file a case against him.
Mandatory Legal Elements to prove negligence
The patient needs to prove the following three major legal elements to file a case against doctor:
1: Violation of duty
The patient must prove that he is injured because the doctor acted irresponsibly to his duty. During the treatment, the doctor is responsible for the proper care of the patient and if he doesn’t do so then it is a fault and he must be punished via law.
2: Injury Caused by the negligence
The patient has to prove that the doctor was negligent during the treatment or during the surgery, his negligence caused unwanted injuries which may occur if he properly pays attention.
3: Proving the Damages
The patient must prove the resulting damages which are caused by doctor’s negligence. The resulting damages can be in the form of injury, another disease, money, and suffering etc.
What must be done after having medical malpractice injury?
If you know that your injury is caused by the doctor and he is responsible for your injury, then you can file a case against him. For this purpose, you can hire a legal professional attorney to know about your rights and how to make your case strong that leads your case to win.
The legal profession is also known as personal injury attorney who works in the favor of targeted people and is against who cause injuries to someone else. If your medical malpractice injury claim is valid then an attorney can help you in determining what you should do next. As a medical malpractice claim includes both law and medicine, so these types of cases are more complex than other cases.
In such cases, you should hire an expert attorney as he has a strong knowledge of law and medicine and should be able to predict the strategy of doctor’s team of attorneys. The attorneys at Percy Martinez law firm have recuperated thousands of dollars for injured patients due to their experience and professionalism. Moreover, they don’t charge until you get the lost damages.