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If you have suffered a loss or injury while under a doctor's care, you may wonder if your circumstances meet the grounds for a medical malpractice claim. This legal action is designed to provide redress when a doctor fails to follow professional standards and injures a patient. Below is what you need to know if you're considering a malpractice suit.

What Are the Types of Medical Malpractice?

Misdiagnosis

Misdiagnosis could mean the doctor failed to diagnose an issue entirely or attributed symptoms to a different cause. However, misdiagnosis alone does not warrant a medical malpractice claim. The doctor’s mistake must also have resulted in delayed treatment, no treatment, or the wrong treatment, which in turn caused injury to the patient.

Improper Treatment

Medical MalpracticePhysicians are expected to treat their patients with competency. If a medical professional mishandles a case in a way that puts their competency in question, you may have a medical malpractice case. For instance, seek legal representation if the doctor prescribed unapproved treatments, the wrong treatments for a given condition, or treatments that were unnecessarily risky.

Failure to Warn of Risks

Some medical procedures carry known risks and complications. It is a doctor's duty to warn patients of such risks so they can give informed consent. A breach of this duty is a serious infraction and could give rise to legal action.

What Do You Need for a Claim?

The elements of a medical malpractice case are duty, breach, causation, and damages. The first is satisfied if there was a doctor-patient relationship—doctors owe their patients the duty of care. The second element, breach, is satisfied if the medical care provided was substandard or deviated from professional expectations. Causation means the breach of care was the cause of the resulting condition. The fourth element required to win a case is that the patient must have suffered actual damages.

 

If you need an experienced medical malpractice attorney, contact Love Sloan Law, LLC in Rock Hill, SC. They have served York County residents for more than 20 years, and their attorneys specialize in personal injury workers compensation, truck accidents, and wrongful death cases. Learn more about the firm at their website or call (803) 326-0000 to make an appointment.

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