The one thing every person believes is that going to a doctor means a chance of getting better from whatever ailment they are suffering from. As such, there is a relationship based on trust. The patient trusts that the doctor will do something in order for them to get better. However, there exist instances where a person is harmed by a doctor. This can happen during a medical procedure or in the process of receiving medical attention. When this happens a course of action that can be taken is to seek compensation for the additional treatment that will be necessary in order to resolve the injuries caused by that doctor. This article will discuss what is involved in a medical malpractice claim.
It must be noted that such claims relating to injury that results from the doctor or medical professional are referred to as medical malpractice. The basic outcome of a malpractice claim is to provide the injured individual with a monetary payout or compensation to cover various issues. For example, the compensation received may be directed to medical costs that are related to the injury sustained. When it comes to medical malpractice claims it is of the utmost importance to obtain representation by medical malpractice lawyers in Anchorage. Medical malpractice lawyers have the necessary expertise and knowledge of how and what to file as well as stage by stage information necessary in order to have a positive outcome in your claim.
In medical malpractice claims there may be a number of people that the case can be filed against. Such persons are referred to as defendants in the case. A medical malpractice case may be filed against any of the following:
- Nurse practitioners
- Healthcare facilities
- Emergency personnel and
- Other staff involved in the process of providing medical care
Incidents that may be included in a medical malpractice case are some types of injuries suffered as a result of the medical care performed on the patient. When this is the case it may be necessary for the patient to receive additional treatment in order to resolve the injuries they sustained.
It is important to note that medical malpractice lawsuits mainly happen when a medical professional was negligent in their duty to the patient. Four elements must be proven as part of getting a successful compensation claim. These four elements include:
- the existence of a duty of care toward the patient by the healthcare facility or professional
- this duty of care must have been breached in some way in the course of the patient’s treatment
- as a result of the breach of the duty of care the patient suffered injury
- an existence of injury
Without any one of these elements being present the medical malpractice lawsuit cannot proceed. That being said, even with the presence of all these elements it is necessary for the lawyer and victim to prove the existence of these elements and their involvement in the incident that led to the injury. The burden of proof lies with the injured person even though it is the healthcare professional or facility that is liable.