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Grounds for a Medical Malpractice Claim

If you have been injured by the negligence of a medical practitioner, you may be entitled to compensation
for your emotional, physical, and financial suffering. Before you can file a claim, however, you must
demonstrate that you have the legal grounds for that claim.

Medical malpractice can result from a variety of actions taken or neglected by the medical practitioner,
including:

  • Neglecting to provide appropriate or adequate treatment for a problem or condition
  • Misdiagnosing a condition, or failing to diagnose a condition
  • Delaying treatment beyond reasonable time constraints

In order to establish the basis for a claim of negligence by a medical practitioner, there are certain
facts you must establish:

  • The provider had some sort of obligation and responsibility for your care. This includes a doctor, nurse,
    or other physician in the medical field.
  • The medical provider did not adhere to a standard level of reasonable care. The standard of care is
    demonstrated by obvious errors performed by the provider or can be explained by an expert.
  • By not adhering to a reasonable standard of care, the practitioner caused a preventable injury.

In order to file a claim, damages must have occurred. There is no basis for any claim without damages.
Damages and losses may be emotional or financial.

Contact Us

If you or a loved one has been injured by the negligent acts of a medical practitioner, you may be entitled
to legal compensation. Contact the Iowa medical malpractice lawyers of LaMarca & Landry P.C. at 877-327-2600
to discuss your legal options.

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© Copyright 2008-2009 LaMarca & Landry, P.C. At LaMarca & Landry, P.C., serving the state of Iowa, our team can help if you require legal assistance. We handle cases involving personal injury claims, malpractice claims, and a variety of matters involving business and real estate law.
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