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The Basics Of A Medical Malpractice Claim

The Basics Of A Medical Malpractice Claim

When a doctor or other member of the medical fraternity makes an error in diagnosis or treatment there is always serious concern of what impact the error will have on the patient. Of course the well being of the patient is always the primary concern but, there is also the question; could the error amount to medical malpractice and if so, is it worth hiring a Houston medical malpractice attorney and pursuing the case?

To prove a case there are a number of things that must exist:

   *   There was a doctor-patient relationship
   *   The care given fell below what is considered to be acceptable
   *   A connection between the medical negligence and the actual harm to the patient
   *   The damages must be quantifiable

Doctor-patient relationship: This relationship must be proven, you have to show that you hired the medical practitioner and he or she accepted. This is quite easy to prove, all you have to show is evidence that you were seen by the doctor and the doctor treated you.

The standard of care: This is usually the most contentious issue, proving this requires that your Houston medical malpractice attorney:

   *   Can establish what the appropriate medical standard is, and
   *   Showing how the care provider did not meet the acceptable standard

Medical negligence: The patients legal team must establish how the “standard of care” was breached, in other words, how did the medical practitioner fall short of meeting the established standard that would generally be acceptable? In many cases it is necessary to introduce medical experts who can show the jury what the course of treatment should have been and how the doctor failed to do so.

As well as proving these three points, the Houston medical malpractice attorney will have to show that, if it was not for the error, the patient would not have suffered or would his or her condition have worsened.

If you believe that you or a member of your family suffered at the hands of a negligent medical provider you should consider hiring a Houston medical malpractice attorney and suing for compensation. To discuss your case in detail you are invited to contact Kassab Law Firm. We are also on facebook.com.

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