Do you have a medical malpractice claim?
People usually visit the doctor for preventative care or to help improve their health, but in some cases, people leave in worse condition. Sometimes, that could be due to a doctor’s negligent behavior, or it could just be the unfortunate case of one’s health. If a doctor was negligent, you may be eligible to pursue a medical malpractice claim for compensation for your injuries.
In order to have a valid claim, there are a few things you must prove. Medical malpractice claims are very complex and difficult to pursue. Many states are also limited by tort reform. Due to the fact there are a number of variables that could have led to the injury or wrongful death, you and your attorney must prove in these things order to have a case:
–There was a relationship between the doctor and the patient. If you were treated directly by the doctor, than it is fairly easy to prove. In some cases, there are consulting physicians and it can make it more difficult to establish that there was an actual relationship between the doctor and the patient.
-The doctor was negligent in his/her actions. This is often the most difficult and misunderstood area that must be proven. Although you may have not been pleased with the treatment or the results of the treatment, it does not mean that there was negligence. In order to have a solid medical malpractice claim, one must prove that the doctor deviated from the appropriate standard of care. In many cases, the doctor may have not done something the best way possible, but they did not deviate from the standard of care.
-You must be able to prove that the injury or death was a direct result of the doctor’s negligence. With patients with serious underlying health conditions, this may be difficult. Medical experts can help determine if the doctor’s actions directly affected the injury or death, but if the injury or death would have occurred either way, there is no case. For instance, if the doctor failed to diagnose a patient with an issue, but the patient died due to a different and unrelated issue then the doctor’s negligence did not directly affect the injury or death.
-There must be severe and significant damages. Once you have determined that the doctor acted negligently and that the negligence caused the injury, you must then evaluate the recoverable damages. Damages include pain, suffering, lost wages, earning capacity and medical bills.
The best way to determine if you have a medical malpractice case worth pursuing is to contact an experienced attorney. Feel free to contact our law offices today for a free consultation regarding your claim.