4 Requirements for a Medical Malpractice Claim

4 Requirements for a Medical Malpractice Claim

If you believe you have suffered a personal injury at the hands of a medical professional, malpractice may be involved. How can you know if you deserve compensation from the practitioner or facility where you were treated? Here are 4 requirements for a medical malpractice claim.

1. You did not receive the proper standard of care – You can’t just be unhappy with the practitioner. You must be able to show that a minimum standard was not met. Doctors and other medical staff are not legally required to be perfect, so a degree of negligence must be involved.
2. Your injury was caused by the practitioner – The medical staff is not responsible for illness or injuries that you suffered before seeking assistance. However, if the practitioner causes harm due to negligence, malpractice may be involved.
3. You are a patient of the doctor – You can’t claim malpractice against another physician that your doctor may have consulted with. Only a doctor that you see as a patient can be guilty of malpractice.
4. You must have suffered injury, damages, or losses – You can’t just be mad at your doctor for the way things were handled. Maybe you got a misdiagnosis, but if you later got the correct one, were treated properly, and suffered no losses, it’s not malpractice. You must have suffered harm, lost work, experienced increased medical bills, and so forth.

Personal Injury Attorneys in Southern California

For more personal injury advice, continue to read our blog on a weekly basis. To obtain the legal support that you need in the San Diego Area, call the Petrov Law Firm today at 619-344-0360.