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What Makes A Medical Malpractice Claim?

what makes a medical malpractice claimOver $3 billion in medical malpractice claims were paid out in 2013, with plaintiffs receiving compensation ranging from as little as a hundred dollars to large multimillion dollar settlements. Individuals rely on their healthcare providers to deliver the best possible care; unfortunately this doesn’t always happen. The exact nature as to what constitutes a valid medical malpractice claim can be confusing. Poor results from medical treatment doesn’t necessarily equate to malpractice. Understanding what makes a medical malpractice claim valid, therefore, is important to everyone. One never knows if they or a loved one may experience this traumatic event. The Legal Definition Of Medical Malpractice The laws regarding malpractice may vary from state to state, but the general answer to the question, “What makes a medical malpractice claim?” refers to an event where a healthcare provider acts negligently in providing treatment, which results in injury, damage, or death to a patient. Negligence may be interpreted as a provider failing to meet accepted standards of care as a result of carelessness, indifference, insufficient experience or training, or other factors. Determining The Validity Of A Malpractice Claim Poor outcomes from medical services are not necessarily a sign of malpractice. Healthcare is not an exact science. Those that suspect malpractice can turn to a medical malpractice attorney to get a clearer picture of the situation and whether or not there is an arguable case of malpractice. In some circumstances insurance companies and healthcare providers will contact patients to inform them they may have received negligent healthcare service that might constitute malpractice. The Legal Process Involved With Malpractice Claims The insurance companies that handle medical practice coverage occasionally offer fast, out-of-court settlements. While this appears to be ideal to some, these offers are sometimes made in order to prevent larger settlements that may result once the full extent of the damages is determined. Medical malpractice cases that go to court require the plaintiff to prove that they received negligent care from a medical professional, and that the negligence led to damage. A judge or a jury will ultimately determine the validity of the claim. Medical malpractice is a significant issue in the American healthcare system, and one that both healthcare providers and patients can be dramatically affected by. Given the complex nature of malpractice claims and related laws, working with an experienced attorney is the best way to determine what makes a medical malpractice claim worthy of a lawsuit. If you are injured due to medical negligence, call (800) 494-1916 now to schedule a FREE consultation with a medical malpractice attorney at Welmaker Law Firm, P.C.