Montana Complaint for Medical Malpractice regarding Diagnosis and Treatment

State:
Multi-State
Control #:
US-CMP-10041
Format:
Word; 
Rich Text
Instant download

Description

This is a model Complaint for damages caused by the negligence of a medical provider whose staff physician negligently failed to diagnose a common medical condition, resulting in severe mental and physical pain and unnecessary medical treatment, tests and associated expense over a period of months. The problem was later properly diagnosed and treated by a second provider. Damages are sought from the first provider. Adapt to fit the circumstances of your case. Care must be used to comply with the law and court rules for your state, because this is a model form.
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FAQ

Compassion, Communication, Competence and Charting are the four C's of medical malpractice.

An incorrect diagnosis is not necessarily grounds for a medical malpractice suit. The plaintiff (that is-the patient) must be able to prove that the misdiagnosis was the result of incompetence of the doctor.

Lawyers sometimes refer to the proof required to bring a successful medical malpractice claim as the ?four Ds?: Duty, Deviation (or Dereliction) from Duty, Damages and Direct Cause.

Duty, Deviation, Damages, and Direct Cause are the 4 Ds of negligence. These are the legal requirements that a person has to prove to bring a medical malpractice claim successfully.

5 Common Medical Errors That Lead To Medical Malpractice Claims Misdiagnosis And Failure To Diagnose. ing to CBS News, approximately 12 million people who receive outpatient care are victims of some form a misdiagnosis each year. ... Prescription Errors. ... Surgical Errors. ... Anesthesia Errors. ... Childbirth Errors.

What Are the Four Elements of Medical Malpractice? Duty: The duty of care owed to patients. Dereliction: Or breach of this duty of care. Direct cause: Establishing that the breach caused injury to a patient. Damages: The economic and noneconomic losses suffered by the patient as a result of their injury or illness.

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

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Montana Complaint for Medical Malpractice regarding Diagnosis and Treatment