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Posted by: Maricopa Lawyers on Jan 20, 2017

Everyday, people trust doctors and other medical professionals with their health and well-being. When doctors fail to uphold their medical duty and put a patient’s life at risk, they may be held responsible for their medical error. Medical malpractice occurs when a patient suffers unnecessary harm or injuries due to negligence, and when this occurs,  the injured patient has rights. 

Finding Fault After a Medical Error

In medical malpractice cases you must figure out who is at fault and then get evidence to prove that person or persons are at fault. Medical malpractice can be caused by one medical professional or a number or medical professionals. Even whole hospitals or pharmaceutical companies can be held liable for a medical error.

Medical malpractice typically occurs when the medical professional is negligent toward a patient’s care. The patient must be able to show evidence of negligence by proving the following:

  • That the health care professional owed a duty to the patient
  • That the health care professional deviated from the best standard of care
  • That there is a connection between the professional’s deviation from the standard of care that caused an accident
  • That there was an injury to the patient

What to do in case of medical malpractice

If you are able to prove that a medical professional caused injury due to negligence, you may have a medical malpractice case. Negligence in medicine proves that it wasn’t just an accident. If you believe a medical professional provided inadequate care, there are a few steps you must take.  

  • First, contact the professional responsible for your medical care. Tell them the problem and you may be able to resolve the issue without legal action.
  • Know that medical malpractice claims have a statute of limitations. If you file legal action do it in a timely manner.
  • If you do end up filing a claim, know which medical records you will need for your case and where to obtain them.