Article provided by: The Nail Law Firm

What Is Medical Malpractice

Medical malpractice claims are common and are due to different situations. When a hospital or health care professional through a failure to act or negligent act cause harm or injury to a patient, they may be held liable in court. Medical malpractice lawsuits have intricate rules that can vary from one state to another. It is, therefore, crucial to seek representation from a skilled attorney. At The Nail Law Firm, we can help you. We’re one of the best law firms for medical malpractice law, and we have knowledgeable lawyers with a wealth of experience in dealing with medical malpractice cases.

What is Medical Malpractice?

According to medical malpractice law, medical malpractice is an area of personal injury law. It offers an avenue for injured or harmed patients to receive compensation for the losses and damage incurred because of substandard care by a medical facility or provider. If a patient experiences typical side effects, that doesn’t mean it’s medical malpractice. But if the patient wasn’t informed of the risks, there might potentially be a lawsuit.

If you were harmed or hurt by the negligence of a medical facility or provider, the best medical malpractice lawyer in town can help you know if you have a strong malpractice claim, calculate the damages, and represent you.

To date, medical malpractice remains controversial, with medical practitioners claiming malpractice lawsuits have increased the financial burden that has led to the rise in medical care costs. However, trial attorneys argue that medical malpractice is necessary to regulate the medical profession and compensate medical negligence victims.

In order to prove medical malpractice, medical malpractice lawyers must show the following:

  • Duty

Duty comes in when a patient is treated by a medical professional. That means the healthcare provider has a duty to the patient to act as a competent medical practitioner would under similar circumstances while meeting the standard of care.

  • Breach

The patient must prove that the medical facility or provider has breached their duty to them by not meeting the standard of care through documentation and expert testimony.

  • Injury

The patient must demonstrate they were harmed or injured, leading to loss of physical function, deformity, impairment of mental function, minimal chances of recovery, or loss of earning capacity.

  • Causation

Here, the patient should prove that the damage was directly as a result of the medical professional’s failure to adhere to the standard of care.

Common Medical Malpractice Cases

Some of the common medical malpractice cases are birth injuries, anesthesia errors, surgical errors, medication errors, and delayed diagnosis.

Your Trusted Medical Malpractice Attorneys

Where severe injuries and permanent conditions result due to medical malpractice, it’s highly likely that the medical practitioners in question and the insurance companies will aggressively defend any legal action. In such situations, the litigation our attorneys possess is unexcelled and absolutely essential to your lawsuit’s chances of success. To learn more about what is medical malpractice and how you can pursue a medical malpractice claim, contact The Nail Law Firm for your free consultation with an experienced lawyer on (816) 281-0891.

The Nail Law Firm

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What Is Medical Malpractice

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