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What is required for a medical malpractice claim?

| Mar 18, 2020 | Medical Malpractice

No person seeks medical treatment with the intent of suffering permanent injuries. Unfortunately, this is exactly what happens to thousands of people in Kentucky and across the country. Medical malpractice continues to be a leading cause of death and injury in the United States. Here are the requirements for victims and families to take legal action when negligence is suspected.

First, it must be established that the victim had a relationship with the medical professional in question. Those filing a claim will need to provide proof that their condition was made worse by the caregiver’s errors or inadequate care. If a physician did not provide direct treatment to the victim, he or she is not liable.

Also, it has to be established that negligence or mistakes occurred. Legal action cannot be taken against a physician just because a patient is not personally happy with the treatment. The key to a medical malpractice claim is that negligent medical treatment contributed to a patient’s injury or death. It must be clearly determined that the condition that caused the patient to seek medical care in the first place is not what caused harm.

The process of filing a medical malpractice claim can be costly and certain requirements must be met. However, when the requirements are met, victims and families will have solid grounds for recourse. Families in Kentucky who think that they have been affected by medical malpractice should consider discussions with an experienced legal representative. A knowledgeable attorney can answer difficult questions, provide guidance and determine if victims and families should pursue damages.

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