Medical Malpractice Lawyers Tips That Will Transform Your Life
What Is a Medical Malpractice Claim?
A medical malpractice claim involves a patient who complains of negligence by a healthcare worker. The patient, or his or estate in the instance of a deceased patient, must prove that the negligence caused injury or harm.
Legal actions claiming medical malpractice are usually filed in state trial courts. To prevail in a lawsuit the aggrieved party must prove four elements of law:
Duty of care
To prove a legal claim, a plaintiff needs to demonstrate that he/she was obliged to perform a task by a person or an organization and that they failed to fulfill it. In the case of medical malpractice, this involves a physician's obligation to provide their patients with the right standard of care. This is usually determined by expert testimony.
Expe...