Medical malpractice has a relatively simple definition: it’s considered malpractice when a medical professional fails to perform their duty in a competent or accepted manner. A case of malpractice can have far reaching consequences, ranging from altering quality of life to death. The end result could have been avoided had the physician or health professional simply done their job right in the first place. It may be possible to take action against the provider who failed to do their job, but it’s best to discuss the situation with a Medical Malpractice Attorney in Albuquerque, NM first.
In order to prove that medical malpractice happened, there has to be a series of tests to be passed first. These are tests in the sense that a definition has to be met, or proven, and show that there is a clear chain of events that took place before the procedure. Some of these are:
1. A doctor-patient relationship has to be in place. It is not enough to claim that overheard advice, or unofficial advice, was given and caused an adverse result. There has to be a demonstrable relationship in place.
2. The physician was truly negligent. A patient may be unhappy with the results of the procedure, but it doesn’t mean that it constitutes medical malpractice. There needs to be a clear deviation or lack of care for a case to proceed.
3. Specific damages have to exist. There is no case if a patient did not receive injuries of some kind. Some type of suffering as a result of the procedure needs to be demonstrable.
A Medical Malpractice Attorney uses these standards and others to perform a kind of litmus test. If it can be proven that a physician didn’t do their job and the patient was harmed as a result, then it’s possible to move forward with a medical malpractice case. It’s best to discuss what happened with a Medical Malpractice Attorney in Albuquerque, NM. An attorney knows what to look for in a valid case, and can help someone who has been harmed at the hands of someone who was supposed to be trustworthy. For more information, visit Carter & Valle Law Firm, P.C.