What Constitutes Medical Malpractice? Your Brief Guide to the Legal Requirements

by | Nov 29, 2018 | Attorney

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Determining what constitutes medical malpractice can help those who believe themselves to be victims receive the justice and compensation they deserve. Medical malpractice lawyers can help victims do exactly this – but only if their case is winnable. If you’re unsure whether you or a loved one has suffered from medical negligence or malpractice, here’s your guide to determining whether you meet the criteria:

Direct Result

Simply put, medical malpractice is injury, illness, or other negative impacts felt by a patient as a direct result of a medical provider’s actions or lack thereof. The trouble is, this simple-sounding definition leaves a lot of wiggle room. Providers can easily excuse their actions by claiming that they are only human or that their actions did not result in the negative impact seen by the patient.

The job is a lawyer is to prove otherwise. Showing that negligence or improper actions took place is the first step to proving a medical malpractice case. The utilization of medical records is key to this since they prove the most important parts of the attorney’s malpractice checklist.

Key Requirements

What are the points of that checklist? These critical factors include:

  • The prior existence of a doctor-patient relationship between the provider and victim
  • The provision of care by the provider to the victim during the incident in question
  • The direct result of a negative impact due to the actions or inactions of the provider
  • The reality of harm caused by these actions for the victim

For more information on whether your case may be considered malpractice, consult your Oklahoma City, OK medical malpractice lawyers. Local legal professionals are the best people to approach the topic with since they have both the knowledge and experience necessary to help you figure out your next steps and win your legal case should the need arise.

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