New Hampshire law defines malpractice as an act of negligence by a doctor or other health care professional that results in injury or other harm to the patient. Certain criteria must be met for the error and resulting injury to be considered a legal act of malpractice.
Three elements must be present for a victim to legitimately claim the malpractice has occurred in the state of New Hampshire. These three elements are:
Did the doctor have a Duty of Care?
The law says that in order to prove that malpractice occurred you must first establish that the physician had a duty to treat or care for the patient. Typically when a patient seeks treatment at a hospital, clinic or doctor's office, the medical professionals working there are under a certain duty to provide them adequate treatment so this element is usually the easiest to prove.
Did the doctor Breach that Duty of Care?
Once it has been established that the medical professional in question did, in fact, have a duty of care to the patient, the next step is to prove that said duty was breached in some way. If a patient sought care and was exhibiting certain symptoms, but the doctor who examined him did not run all the proper tests to aid in diagnosing the problem, then the doctor has breached his duty of care to the patient.
Did the Patient Suffer Injury or Harm from the Breach?
This is perhaps the most important element of New Hampshire malpractice because without it there is no case. Using the same scenario as above, if the doctor did not run the right tests but the patient was not harmed in any way, there is no malpractice present. If, on the other hand, the patient was actually suffering from a disease, such as cancer, and the lack of testing failed to uncover this, the potential harm to the patient is significant.
A patient who can answer yes to all three of these questions may very well be a victim of malpractice, but the best way to tell is to consult with a qualified medical lawyer. Malpractice laws and regulations are complex and can be very confusing so its important to work with someone who is experienced with these types of cases and is intimately acquainted with New Hampshire malpractice law.
There are many situations that may lead to a malpractice claim. The most common types of malpractice are those involving medication mistakes, failure to diagnose or a misdiagnosis, failure to treat in a timely manner or provide adequate treatment, mistakes during surgery and wrongful death. There are many other situations besides these so if a patient believes they have been harmed by malpractice it is important to contact a New Hampshire malpractice lawyer to discuss the claim.
Three elements must be present for a victim to legitimately claim the malpractice has occurred in the state of New Hampshire. These three elements are:
Did the doctor have a Duty of Care?
The law says that in order to prove that malpractice occurred you must first establish that the physician had a duty to treat or care for the patient. Typically when a patient seeks treatment at a hospital, clinic or doctor's office, the medical professionals working there are under a certain duty to provide them adequate treatment so this element is usually the easiest to prove.
Did the doctor Breach that Duty of Care?
Once it has been established that the medical professional in question did, in fact, have a duty of care to the patient, the next step is to prove that said duty was breached in some way. If a patient sought care and was exhibiting certain symptoms, but the doctor who examined him did not run all the proper tests to aid in diagnosing the problem, then the doctor has breached his duty of care to the patient.
Did the Patient Suffer Injury or Harm from the Breach?
This is perhaps the most important element of New Hampshire malpractice because without it there is no case. Using the same scenario as above, if the doctor did not run the right tests but the patient was not harmed in any way, there is no malpractice present. If, on the other hand, the patient was actually suffering from a disease, such as cancer, and the lack of testing failed to uncover this, the potential harm to the patient is significant.
A patient who can answer yes to all three of these questions may very well be a victim of malpractice, but the best way to tell is to consult with a qualified medical lawyer. Malpractice laws and regulations are complex and can be very confusing so its important to work with someone who is experienced with these types of cases and is intimately acquainted with New Hampshire malpractice law.
There are many situations that may lead to a malpractice claim. The most common types of malpractice are those involving medication mistakes, failure to diagnose or a misdiagnosis, failure to treat in a timely manner or provide adequate treatment, mistakes during surgery and wrongful death. There are many other situations besides these so if a patient believes they have been harmed by malpractice it is important to contact a New Hampshire malpractice lawyer to discuss the claim.
About the Author:
Have you been the victim of New Hampshire Malpractice? If you or someone you love has been injured by medical malpractice, you will want to read the information in this article and find out more about Medical Malpractice Lawyers. NH has many qualified and experienced medical attorneys.
1 comment:
Thanks for this guide! You know, defining the legal bounds of malpractice is really crucial. It's not just a matter of mere accusations, right? I'm sure that those three questions can help determine a fair verdict for the medical professional in question.
Post a Comment