Table of Contents
In this article, I will be discussing medical malpractice and I will educate you on whether a defendant, who is always a healthcare giver, must appear in court after evidence proves him/her of medical malpractice.
Are you injured by a doctor or any medical professional, learn how to claim a medical malpractice.
What Is Medical Malpractice?
A medical malpractice is a lawsuit in which the plaintiff sued a medical professional to court for giving them treatment out of negligence that later resulted in injury. A plaintiff is a patient that is suing.
However, a plaintiff can not just claim a medical malpractice ice against a medical professional except some elements are established and steps are taken. So, here you will need to understand those elements that define a true medical malpractice.
Elements Of Medical Malpractice
Before it can be said that medical malpractice has occurred, the following must be established and the plaintiff will need the evidence that the elements are established.
1. There must be a doctor-patient relationship
The first element that the plaintiff should present as being established is the proof that there has been a doctor-patient relationship between them in the recent past.
2. The doctor treated them out of negligence
When a doctor treat a patient out of negligence, this means the doctor give a treatment he/she is not capable to give. And this will most likely result into injury and damages for the patient.
3. Injury incurred because of the negligence
The third element the patient claiming medical malpractice must prove to be established is the injury he or she suffered as a result of the doctor’s incompetent treatment. The injury must be related to the nature of the treatment received. The plaintiff would most likely need to use expert testimony to help claim that truely the injury is related to the injury.
4. Non negligible or considerable damage is caused as a result of the injury
Be it mental, physical or financial damage, the plaintiff claiming the medical malpractice must present the proof that a significant, like those examples listed earlier, damage occurred as a result of the injury.
Will The Defendant (Doctor) Go To Court?
Yes! The defendant who is being sued must appear in the court of law if the plaintiff has overcome and satisfied the needed requirements necessary before the claim could be brought to the court.
1. Give special notice to the doctor concerned about the medical malpractice he/she has done. And if the two are not able to reach agreements, the plaintiff could continue with the next action of filing a medical malpractice claim.
2. Reach out to the state board of medical malpractice to where he/she will file a claim.
3. Reach out to the board of medical malpractice reviewers who make arguments, reviews, and conclude whether the claim Ian truly be considered as medical malpractice
So, if the plaintiff, which is the patient filing a claim, succeeds in satisfying the above mandate and makes the claim to the court, the doctor concerned in the medical malpractice so claim must show in the court.