What Is Medical Malpractice and How Do You File a Claim?

Have you ever been to the doctor and didn’t get the treatment you expected? They may have harmed you physically or prescribed the incorrect medication for your problem.

As a result, you’re now suffering physical and emotional distress because the doctor failed to provide adequate care. Did you know you’re able to file a medical malpractice claim and get financially compensated?

What is medical malpractice? We’ll provide more insight into this issue and explain the steps you need to take when filing a claim.

Different Types of Medical Malpractice

There are a variety of situations that can fall under medical malpractice. But to ensure you have a valid claim against your doctor, it needs to meet one of these criteria:

  • The doctor failed to provide the correct diagnosis
  • An injury was caused during treatment
  • Errors during surgical procedures
  • Failure to warn a patient of risk associated with treatments
  • Not recognizing medical symptoms

If you’ve experienced one or similar issues to these during your doctor appointments, you should file a medical malpractice claim right away.

Filing a Medical Malpractice Claim

Steps for filing a medical malpractice claim against your doctor can vary depending on your state’s rules. But first, you should find a medical practice lawyer who can advise you on the process.

After finding a suitable attorney, work with them to build your case. You’ll need essential documents such as:

  • Treatment history
  • Doctor notes
  • Payments made
  • Third-party assessment 
  • Depositions

Each of these is integral to ensuring the validity of your claim. Sometimes these cases end in a medical malpractice settlement where both parties agree on a respectable sum for the wrong party.

But if extenuating circumstances exist, the case may go to trial. Each side will have to explain the method of care required to a jury. 

Once a verdict gets decided, damages are awarded to the prevailing party. However, either side can appeal the decision if they are unhappy with the outcome.

Compensation Awarded From Medical Malpractice Claims

Each medical malpractice case is different, meaning your compensation from these cases can be too. There are two types of damages you’ll be given upon winning your case:

  • Compensatory
  • Punitive

Compensatory damages are given to a victim to cover instances like loss of income or covering the cost of medical expenses. Punitive damages are only given when the defendant is found guilty of malicious intent to the victim.

Therefore, in addition to the wronged party receiving compensation, the defendant will also get penalized for their behavior.

What is Medical Malpractice? Our Guide Provides All you Need to Know

The next time someone asks you, “What is medical malpractice?”, refer them to our guide. They can start figuring out the next steps for their case and get their deserved compensation.

Hopefully, you’ve enjoyed our advice about medical malpractice. To find related content, feel free to visit our blog.

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