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Your Ultimate Guide To Medical Malpractice Laws


When you seek medical help for a health problem you are dealing with, you do so with hopes that the medication or health procedures carried out by your physician will help restore normalcy to your life. Nevertheless, things don’t always go as we plan and a simple health procedure meant to help you recover might turn out to be your worst nightmare. Fortunately, you don’t have to live or put up with this pain as medical malpractice law allows you to sue your physician. But how do you know you have a valid medical malpractice case in Columbia? If you are on a hunt for answers to that question, then you happen to be in the right place because below is all you need to know 

What Is Medical Malpractice Law? 

For you to understand what constitutes a valid claim, it is vital that you first learn what these laws are and how they affect you. Simply put, these are laws that make it possible for victims of medical negligence to seek compensation from any harm, injury or even death that occurred to them when a health care professional failed to provide the required treatment or when ta health personnel refuses to take appropriate action. 

How Do I Know If I Have A Valid Medical Malpractice Claim? 

For you to have a viable case, you need first to show that there was a patient-physician relationship between you and the doctor you plan on suing. In other words, you need to prove that you hired the doctor to treat you, and he/she agreed to be engaged. You cannot sue a physician if you went to them and they assigned or referred you to another doctor or if you overheard them giving advice to another patient. 

The Doctor Was Negligent 

Once you prove that there was an existent patient-physician relationship, the next requirement for your claim to be valid is to prove that the doctor deviated from the standard of care. It is, however, important to note that not every bad outcome is classified as medical malpractice. Therefore, just because you are unhappy with the result of a particular health procedure doesn’t mean you can hold the doctor liable. Consequently, you need to show that the doctor failed to take the necessary action that a skilled and reasonable physician would have taken. For this, you will need an expert from the same arena to show how the doctor in question failed or deviated from the standard of care. 

The Negligence Caused The Injury 

Proving that the doctor was negligent isn’t enough. You also need to show that their lack of action caused your injury for your claim to be valid, even if it is clear that he/she failed on their part. Again, you will need an expert to prove how the doctor’s deviation from the standard of care caused the injury or harm. If you can prove all the above elements, then you have a valid medical malpractice claim. While it is possible for you to pursue justice on your own, it is wise to hire a seasoned attorney who specializes in medical malpractice law Columbia Sc, and here is why 

These Cases Are Often Complicated 

Medical malpractice claims are among the toughest cases in litigation and might even take years, only for you to end with nothing. It is thereby advisable to first consult a seasoned malpractice attorney so he/she can tell you whether the claim is worth pursuing. A medical malpractice lawyer will also lay down some of your options thus eliminating the need of you having to undergo the arduous court processes. 
If you are going to pursue the case, it is even more critical to have an attorney as he/she boasts professional training as well as the experience to guide you from the first to the last day.

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