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Medical malpractice: Claim requirements and common types

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Medical malpractice claims are an expensive problem for the healthcare system. The number of medical malpractice claims has steadily increased over the years, up to 4,000 per year and there are many different types of claims that may result from medical negligence. If you or someone you know has been injured as a result of medical malpractice, it’s important to learn what requirements there are for this type of claim and what kind of damages might be rewarded in a judgment. 

Lady Justice (©Tingey Injury Law Firm)
Lady Justice (©Tingey Injury Law Firm)

What is medical malpractice?

Medical malpractice is a term used to describe any type of negligence on the part of a healthcare provider. If you or someone you know has been injured as a result of medical malpractice, it’s important to seek legal advice right away. The personal injury lawyers at The Stewart Law offices are experienced in handling medical malpractice cases and can help you understand your rights and what steps need to be taken next. Malpractice can include errors made during surgery, incorrect diagnosis or treatment, failure to diagnose an illness, and prescription errors. 

To file a medical malpractice claim, you must be able to prove that the healthcare provider acted negligently and that this negligence caused you harm. Many factors go into determining whether or not a healthcare provider was negligent, including the standard of care that should have been provided in your situation and how closely the provider followed this standard. 

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What are the requirements for a medical malpractice claim?

In most states, three requirements must be met to file a medical malpractice claim. The claimant must prove that:

  • The defendant was a healthcare provider or medical professional, and not just an ordinary person.
  • The defendant owed the claimant a duty of care and breached this duty by failing to provide ordinary care in that situation.
  • There is evidence that the breach of the duty caused harm to the claimant and/or resulted in damages or injuries. 

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Types of claims resulting from medical negligence  

There are many different types of medical malpractice claims that can be filed. Some of the most common include: 

If you think you may have a medical malpractice case, it’s important to speak with an attorney as soon as possible. There are specific time limits in place for filing medical malpractice claims, and if you miss the deadline your case may be dismissed. Every state has different requirements for filing medical malpractice claims, so it is important to consult an experienced personal injury lawyer who can help guide you through the process. 

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Requirements for filing a claim and process afterwards  

There are specific time limits in place for filing medical malpractice claims, and if you miss the deadline your case may be dismissed. Every state has different requirements for filing medical malpractice claims so it is important to consult a personal injury lawyer who can help guide you through the process. 

To file a medical malpractice claim, you must prove that the healthcare provider acted negligently and that this negligence caused you harm. You can do this by having witnesses or experts that come to court and talk about their opinion on what happened. The defendant will likely try to argue that they were not negligent or that your injuries were not caused by their actions so it is important to have a strong case. 

If you are successful in your medical malpractice claim, you may be awarded damages for your injuries. This can include both economic and non-economic damages, such as pain and suffering, lost wages, and medical expenses. It is important to speak with an attorney to find out what damages you may be entitled to. 

In any case, if you feel that any of your rights have been violated by another party, including doctors, nurses, hospitals, and other healthcare providers, or any other third party, it is always in your best interest to seek legal advice as soon as possible. This will help clarify the situation and determine the best course of action for you to take. Attorney consultations are typically free and confidential so there is no harm in speaking with one to see if you have a case.

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Medical malpractice can be a very complicated topic and it’s important to understand the basics before deciding whether or not to file a claim. To file a medical malpractice claim, you must be able to prove that the healthcare provider acted negligently and that this negligence caused you harm.

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