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What is a medical malpractice claim, and do you have one?

April 13, 2016

If your loved one has passed away due to a fatal medical mistake, you may be wondering what your options are. Here at Gary C. Johnson, we understand that you may need some guidance through the legal matters attached to a complex malpractice case.

First of all, it is important to understand what medical malpractice is. According to the Legal Dictionary, malpractice occurs whenever a medical professional intentionally or accidentally causes harm through mistakes, neglect or misconduct. Particularly, it is when doctors, nurses and other personnel do not follow industry standards and accidents occur because of that.

The term is broad and can encompass a number of issues ranging from overdose to surgical mistakes to hygiene practice in the hospital. Any medical professional can be held accountable for injury or death to a patient if their actions have led to the harmful situation.

How do you know if you have a medical malpractice case? Simply put, you must prove that four specific elements occurred. First, you must show that the medical personnel had a duty to the plaintiff. Then, you need to prove that they breached this duty by causing injury, and caused the injury by neglecting the standards of the industry. Proving negligence is of key importance, though negligence can be either intentional or accidental in nature.

To learn more about what you can do to prepare yourself for a medical malpractice claim or to determine if you have a solid case, please visit our web page for further information.