The basic requirements for a medical malpractice claim

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

Do you have an issue that arose from treatment by medical professional either through negligence or the failure perform a procedure correctly? The rules of medical malpractice dictate that in such a scenario, the patient might have the right to file a medical malpractice lawsuit. However, before you go to your dental malpractice attorney California, you need to make sure have some basic requirements:

Doctor-patient relationship

Before you can file a claim, you will need to prove a that a doctor-patient relationship exists. You need to prove that you hired the dentist and that he agreed to perform a procedure. For example, you cannot sue someone if they gave you advice in an informal capacity or you overheard someone. The case will only go forward if the medical professional is your dentist.

Negligence of the doctor

To separate people unhappy with the result and true negligence, you will need to prove negligence and harm. The medical code does not insist on the best possible care. Instead, the doctor needs to perform his duties and be reasonably skillful and careful. Hire another medical professional who will confirm the negligence and harm and who is willing to testify to those facts. Also, you will need to prove that it was the procedure that made you worse if you have a history of illness.

Specific damages

There are limitations on what you can sue a doctor. You can’t sue someone if you didn’t suffer any harm. You can sue for the following: physical pain, mental anguish, additional medical bills, and lost work and lost earning capacity.

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