Requirements for a Medical Malpractice Claim

Requirements-for-a-Medical-Malpractice-Claim

When you visit a doctor or other medical care provider, you do so with the understanding that he or she is going to address your illness or injury, and help you to feel better. While this does happen in most cases, there are others in which it doesn’t. Some of these may be medical malpractice. If you believe you may have a medical malpractice lawsuit in Las Vegas, the following information will give you more information to help you determine if it’s time to contact a lawyer.

What is Medical Malpractice?

Medical malpractice comes into play if the treatment you received from a hospital or doctor had a bad outcome that was due to negligence on the part of those responsible for your care. While some cases are clear-cut, others are not, which is why it is often worth your time to contact an attorney to determine if you actually have a medical malpractice claim. In most cases, this type of claim has the following requirements that must be met.

Doctor-Patient Relationship

In order for malpractice to occur, there has to be a relationship between you and a treating physician. You will need to be able to prove that you were under the doctor’s care when the problem occurred, which is typically quite simple due to medical records and the like.

Negligence was a Factor

There is a major difference between you being unhappy with the results of a treatment, and problems that arise out of true negligence. You will need to be able to prove that your doctor caused harm, either as part of the treatment or diagnosis which would not have happened if you were under the care of a competent physician in the same circumstances. Be prepared to have an expert available that will testify to this in court.

The Negligence was the Actual Cause of the Injury

If you were already suffering from an illness or injury, you have to be able to prove that the negligent act on the physician’s part was responsible for the bad outcome. If you were unable to walk properly before treatment, and that remained the same after treatment, there is no proof that the doctor’s actions caused the problem. Your expert will also need to be able to address this as well.

Specific Damages Were Incurred

While it may be true that the physician did not perform his or her duties at the level of expertise required in the field, this does not automatically result in a malpractice claim. You must actually suffer harm from it, such as:

• Physical pain
• Additional medical bills
• Mental distress
• Lost work or wages

Medical malpractice claims can happen in a wide range of situations, but the above requirements must be met in order to file a malpractice personal injury claim in Las Vegas. Additionally, filing this type of claim is considerably more complex than other cases. If you believe your situation meets these requirements, make sure to contact a attorney as soon as possible to get started on your case.

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