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Doctor’s duty of care a starting point in a medical malpractice claim

Posted on March 10, 2015 9:28 am under Medical Malpractice

When trying to file a medical malpractice claim, a plaintiff first has to prove that a doctor-patient relationship exists between them. This is oftentimes not difficult to establish and can still be proven even without specific written agreement.

Usually, a doctor-patient relationship could be established by the court if the doctor was chosen by the plaintiff to treat his/her condition, the plaintiff is the doctor’s current patient, or the plaintiff agreed to be examined by the doctor. However, a plaintiff might not be able to establish a duty of care relationship if the alleged medical malpractice happened after the doctor-patient relationship had been terminated, or prior to its existence.

If you believe medical malpractice has been the cause of your pain and suffering, a lawyer at Habush Habush & Rottier S.C. ® can look into your situation to see if it qualifies for a claim. Call our Milwaukee office at (414) 271-0900 for a free initial assessment of your case.