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Filing Your Medical Malpractice Lawsuit



If you should ever find yourself in the unfortunate position of needing to file a medical malpractice lawsuit, this brief guide can be a starting point in terms of some of the basic information you may need to file the lawsuit. The basic definition of medical malpractice is an act or omission of an act by a medical professional or a health care provider which causes injury to the patient through deviation from the generalized standards or rules of the health care authority.

A medical malpractice lawsuit can be filed against doctors, dentists, nurses, and anyone in any branch of the medical field as defined by the legal system code. Claims are sometimes also brought against entire hospitals and medical corporations as the result of "vicarious liability" which, in essence, means the responsibility of the superior for the actions of those working underneath or the subordinates. Simply, vicarious liability would be akin to filing a lawsuit at an entire branch of McDonald's restaurants because of the actions of one employee with the belief that the superior was responsible for the negligence of the employee.

Proof



As with any lawsuit, there is the burden of proof. This requires that evidence is presented in a way that sheds light on the reality of your case. If you are filing a medical malpractice lawsuit, you need to ensure that you take this portion very seriously and commit to gathering as much evidence as possible about your particular situation.

First, you must prove that the medical professional neglected or breached his or her call of duty towards you, as the patient. There must be proof that the medical professional failed to do something or failed to act in a specified manner and did not act or perform in the same fashion that an equally qualified medical professional would have acted. There must be proof that the medical professional acted or performed in such a way as to be completely negligent and unreasonably incompetent by their actions or lack thereof. Evidence of this is of paramount importance.

Second, you must prove that this act or performance of negligence caused you physical harm or injury. In other words, it is not enough that a medical professional simply acted improperly. There must be some sort of demonstrable damages to your person; some sort of exhibitory evidence to demonstrate within reasonable rationale that you were put at risk and/or harmed by the negligence of this particular medical professional.

Third, and finally, you must prove in a medical malpractice lawsuit that it is completely reasonable to hold the medical professional and his or her governing agency or superior organization culpable in this malpractice situation. It is important to gather as much evidence as possible here to form the gravity of your case in light of a probable ruthless defense that will likely attempt to discredit you at every chance possible. The most important piece of advice in terms of filing a medical malpractice lawsuit is to be prepared for anything.

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