US Legal Forms
Complaint for Medical Malpractice regarding Diagnosis and Treatment

Complaint for Medical Malpractice regarding Diagnosis and Treatment

Category:

Civil Actions - Medical Malpractice

State:

Multi-State

Control #:

US-CMP-10041

Format:

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

Use the NHS complaints procedure. take legal action, for example, for clinical negligence, discrimination or for breach of your human rights. report concerns to the regulatory body, the General Medical Council.

Medical bills and costs of treatment; Any out-of-pocket costs you've expended as a direct result of your injuries; The amount of lost wages if you've been unable to work; and, Pain and suffering you've experienced.

The four Ds of medical malpractice are duty, dereliction (negligence or deviation from the standard of care), damages, and direct cause. Each of these four elements must be proved to have been present, based on a preponderance of the evidence, for malpractice to be found.

Failure to diagnose or misdiagnosis. Misreading or ignoring laboratory results. Unnecessary surgery. Surgical errors or wrong site surgery. Improper medication or dosage. Poor follow-up or aftercare. Premature discharge.