Patients or their families who feel they have not been treated properly or diagnosed correctly and were harmed as a consequence should always consider the option of filing a medical malpractice lawsuit. Contrary to the general perception that most medical negligence cases are frivolous, researchers at the Harvard School of Public Health have found that 97 percent of them are actually meritorious. But that doesn’t mean you should just go and file a case without first brushing up on your knowledge about this type of litigation.
The four elements basic to filing a medical malpractice lawsuit against a healthcare professional or institution must be present: proof of a doctor-patient relationship; negligence, which is failure of the doctor to provide patient with the standard of care that is customary for a physician of his level; causation defined as harm to the patient caused by the said negligence; and as a result of the first three elements, damages the patient suffered which could be physical, financial, psychological or all of them. [Read more…]