Written By: William Keele
Suing a doctor or health facility is not an easy task. You need a highly trained and experienced medical malpractice attorney who is well connected with experts in the field. You also need to have convincing evidence and a viable reason for your claim. Just because you were misdiagnosed doesn’t always mean that you have a medical malpractice case. Speaking with a reputable attorney can help you determine whether or not to move forward. In addition, these general guidelines can help you decide if you have a case prior to you speaking with a lawyer.
Proof of Doctor-Patient Relationship
The first thing you need to be able to prove is the existence of a doctor-patient relationship. This isn’t typically hard to prove in a medical malpractice case. If there was care, treatment or diagnosis provided, you can generally prove that a doctor-patient relationship existed. However, the more documentation you have, the better.
Proof of Negligence
In order to for poor or improper treatment to qualify as a medical malpractice claim, you have to be able to prove that the treatment provided to you was negligent. In other words, was their medical care different from what a similarly trained doctor would have done under the same circumstances? If you can prove that the standard of medical care was not met, you may have a case. You must be able to show what your doctor should have done, which isn’t always easy to do. This is when hiring a medical malpractice attorney with expert contacts will come to you as a huge benefit, as they can testify the difference between the care that your doctor provided, and the care of a competent and skilled doctor.
Proving Harm or Injury due to Negligence
You may be able to prove that your doctor was negligent, but if you cannot prove that it resulted in harm or injury, you do not have a claim. It is simply not enough to show that your doctor made mistakes – there needs to be proof of your health condition worsening or causing additional harm. The key is to show that your current injuries are not linked to something else, such as an underlying medical condition. You must be able to link your injury with the doctor’s negligence. Again, this is when a medical expert will come to you as a huge benefit.
Damages Incurred
You also need to be able to provide proof that the injury or harm from a doctor’s negligence resulted in damages. This doesn’t always have to be monetary – it can be a loss of quality of life as well. However, the costs of additional medical treatment or loss of income will certainly be taken into consideration if the case goes to trial.
You need evidence, and as much of it as possible. More importantly, you need a medical malpractice lawyer that is well respected in the courts. They should also have access to medical and evidence experts, as these individuals play a key factor in the success or failure of your claim. Medical malpractice lawsuits are incredibly complicated, but if you can prove the above criteria, you could very well be entitled to compensation.
