Factors in Medical Malpractice Claim

Medical malpractice occurs when a medical professional becomes negligent of his duties which sometimes lead to injury or harm to a patient. As a result, injured patients and medical malpractice victims are left with no other recourse but to seek redress through legal means.

You have to remember that in the legal concept, medical malpractice is not limited to the conduct of doctors but also applies to nurses, anesthesiologists, health care facilities, pharmaceutical companies, and other groups that provide health care services.

Before filing a medical malpractice claim, first you must be able to recognize the five warning signs of medical malpractice. How do you know if you are a victim of a medical malpractice? Here are the signs:

• When symptoms are recurring and you do not feel any better despite treatment, it is time for you to get a second or a third medical opinion.


• When the symptoms do not match the diagnoses.


• When diagnoses are purely based on laboratory tests.


• A doctor attributes a common illness to an uncommon ailment. Sometimes a doctor may say that your headache is not an ordinary headache but a brain tumor.


• A diagnoses lack one or two other test parts.

If you experienced one of these signs, you are surely a victim of medical malpractice. When this happens, the best thing to do is hire the services of a lawyer who can help you file a medical malpractice claim.

To establish medical negligence, you must be able to prove the following:

• The existence of a duty by the health professional to the patient –There must be an existing relationship of provider-client in which a health professional is obligated to serve a client


• A breach in the applicable standard of care or a deviation from the standards – When a certain lowering of standard in service occur, it may be considered a breach of standards


• A causal relationship between the standard of care and the patient’s injuries – The deviation in the service standards must have an effect on the patient’s condition


• The injury of the patient –the nature, extent and condition of the injury

Factors In a Medical Malpractice Claim

The decision to pursue a medical malpractice claim is the starting step in the recovery process. Medical malpractice laws are complicated and differ with each state. You have to find the proper lawyer who is acquainted with the laws pertinent to your case.

Another factor is cost involved in the case. In filing a medical malpractice claim, you have to be ready to shoulder the expenses of getting the services of expert witnesses. Expert witnesses and consultants are professional people who will dispute your doctor’s statements.

After determining that you have a substantial claim, now you have to choose a lawyer who can best represent you in the case. In considering a lawyer, you have to look into the the lawyer’s experience, the number of cases he handled, etc. In getting the services of a medical malpractice lawyer, it is necessary that you check his backgrounds. Also, try to find out if he can work in your case on a contingency basis.