When trying to determine what exactly qualifies as medical malpractice, you may need some clarification. While rules can vary state to state, there are a few basic requirements for something to be considered medical malpractice.
When a medical malpractice attorney is needed?
Read on to learn what qualifies as some basic medical malpractice requirements, and if you need to look into finding a medical malpractice attorney.
A doctor-patient relationship existed
For true medical malpractice, both parties must have agreed to their role in the relationship as doctor and patient. Getting spoken advice from someone you have come across or know does not qualify as a doctor-patient relationship. As long as the doctor has seen you and even began treating you, it is easy to prove the doctor-patient relationship.
Your doctor was negligent
For medical malpractice, the patient must prove that “more likely than not,” the doctor practiced or performed some negligent thinking. Even if the patient had pre-existing conditions, if the doctor performed something negligent that further harmed the patient, this may qualify for malpractice.
For example, if the patient had cancer and agreed to a surgery, and the doctor did something that led to the patient’s death rather than the pre-existing condition being responsible for the death, this could be because of negligence. Typically, a medical expert must be there to testify that is was because of the doctor’s negligence that the patient was further injured.
The patient must have been harmed
Even if the doctor was negligent in his or her practice, if the patient was not caused any further harm, there is no case for medical malpractice. To be able to sue for medical malpractice, the patient must be suffering from some sort of medical, mental, monetary, or lifestyle harm.