Valid Claims for Medical Malpractice

Valid Claims for Medical Malpractice

Valid Claims for Medical Malpractice

Technological advancement in the medical world has brought significant changes in the way medical practitioners diagnose and treat various diseases. The invention of computerized tomography scanner (CT scan) and Magnetic Resonance Imaging (MRI) in the late 20th century enabled doctors to analyze lumps and tissues that abnormally form inside the human body. While, ordinary people do not understand how these machines work; it is the duty of the doctors to understand and interpret results during medical examinations.

Nevertheless, there are instances when doctors fail to give proper diagnosis and treatment to a patient's medical condition. For example, studies in the USA found out that about 98,000 patients die each year due to medical errors. Moreover, 47% of doctors recall cases of death resulting from physician's failure to perform correct medical operations. Therefore, a patient's life is not dependent on technological advancements, but on the ability of doctors. The failure of doctors to properly address to people's medical condition is what you call Medical Malpractice.

There are basic requirements before one can claim being a victim of medical malpractice. An ottawa personal injury lawyer says that there must be a doctor-patient relationship that had existed between the person asking for medical assistance and the professional to whom the malpractice is accused. The doctor must have given direct medical treatment to the patient. Pieces of evidence such as prescription letters, receipts, and medical records must be clear and consistent in relation to the claim.

Secondly, a claim is only valid if the medical procedure has been conducted in a negligent manner. According to an ottawa personal injury lawyer, a patient cannot claim to be a victim of medical malpractice solely because of personal satisfaction standards. You must be able to prove that the doctor has not been reasonably skillful and careful in carrying out the medical procedure. Under the same circumstances, another doctor would have not harmed you by putting through the correct way of treating the illness. The doctor must have been "negligent" in performing the medical operation.

Thirdly, an ottawa personal injury lawyer says that the injury must be caused by the doctor's negligence. There are instances when a person with a lung cancer dies in an operation because of the illness itself. You must be able to prove that the death has been caused by the medical errors of the medical professional, not by the patient's health problem.

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