Important Elements of Medical Malpractice you should know

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The concept that every learned professional undertakes to exercise a reasonable degree of skill and care dates back to the laws of ancient England and Rome. Various writings on healthcare responsibility have been traced back to 2030 BE. For example, the Hammurabi Code provided that if a medical expert (doctor) treated someone with a lancet of bronze and causes the death of that person or the doctor opens a man’s abscess of the eye and causes the loss of that man’s eye, that doctor’s hand shall be cut off! So, various versions of medical malpractice have been enacted throughout history.

Today, the law allows victims of medical negligence to seek compensation. This is a complex process, and you need the help of reputable local medical malpractice attorneys to build a strong case and prepare the right evidence. Here are other aspects of medical malpractice that you didn’t know.

What’s medical malpractice?

Also known as medical negligence, medical malpractice occurs when a health-care expert deviates from a widely recognized ‘standard of care’ during diagnosis, treatment, medication prescription, and all other activities associated with patient treatment. In essence, the concept of medical malpractice boils down to whether or not the healthcare provider was negligent.

How do you know you’re a victim of medical malpractice?

A medical negligence claim exists if the medical practitioner’s negligence results in injuries or other forms of damages to the patient. But this doesn’t imply that an adverse outcome is proof of malpractice. On occasion, a doctor can tell his or her patients that they received negligent treatment from a previous medical expert. Also, some doctors are likely, to be honest with their patients to the point that they tell them the truth in case they make a medical-related mistake.

What’s next? Are there statutes of limitations?

The moment you realize or an experienced healthcare provider informs you that you were treated negligently, contact an experienced lawyer. The attorney will review your case details and investigate to determine what happened. This involves scrutinizing your medical records, interviewing you and your loved ones, and more. Sometimes, the attorneys consult with medical experts who can shed more light on the alleged malpractices.

Note that statute of limitations associated with medical malpractice differs from state to state, and it’s best to talk to your lawyer early enough. If this period expires, your claim will get dismissed.

Is there anything patients can do to lower the chances of experiencing medical malpractice?


It’s recommended to be proactive about your healthcare. Sometimes researching to get an idea of your health condition and document your symptoms is helpful. You can also ask your doctor a few questions about what to expect.

In case you realize you have received improper treatment, don’t get intimidated by the medical system. Speak up and fearlessly advocate for your overall wellbeing. Talk to your loved ones and consult with an attorney. Also, it helps to have a close friend or family member accompany you during visits to healthcare facilities.

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