Medical Malpractice Lawyer
Medical malpractice happens when least expected, when we expect to receive care for illness, condition, or injury. When medical care goes wrong, it can result in a worsening of an existing condition, or even loss of life.
Roles & Responsibilities of a Medical Malpractice Lawyer
In the context of a civil suit, the primary duty of a medical malpractice lawyer is to prove liability on behalf of the person who is believed to have behaved negligently, subsequently causing such injuries, damages, or even loss of life.
Through careful examination of the facts of the scenario, evidence, and witness testimony, and other factors, a medical malpractice lawyer works to help their clients obtain a financial award by means of a civil lawsuit for damages sustained as a result of negligent behaviors of the suspected responsible party. Personal injury lawyers specialize in multiple specific types of personal injury claims that involve physical and emotional harm, including medical malpractice. There are some basic requirements that the case must have for it to be valid and appropriate to pursue.
Medical Malpractice Claim Requirements
To prove that medical malpractice occurred, you must be able to show all of these things:
A Doctor-Patient Relationship Existed
Simply stated, this means that it can be proved that the doctor was hired by the patient and that they formally consented to providing their services. This component is a basic requirement for medical malpractice claims and is very easy to prove. Difficulties in proving an existence of a doctor-patient relationship arise most commonly in situations where a doctor was consulted but didn’t provide direct treatment to the patient.
The Doctor Was Negligent
Dissatisfaction does not imply negligence in treatment practices. In order to have a valid medical malpractice claim, it must be proved that the doctor behaved negligently and that negligent behavior caused the patient harm. The primary area of contingency in medical malpractice cases lies in whether or not the care that was provided was reasonably skillful and careful. For this reason, expert witness testimonies are a primary resource in medical malpractice claim cases.
The Doctor’s Negligence Caused the Injury
In most medical malpractice cases, the plaintiff had a preexisting condition, illness, or injury which leads to questioning how the actions of the care provider contributed to it becoming worse, or that additional harm was caused. The plaintiff and their medical malpractice lawyer must prove that the doctors incompetence was a primary contributing factor, ultimately causing the injury or harm.
The Injury Led to Specific Damages
Patients must be able to demonstrate that they suffered harm in order to have a valid claim and be able to sue. Common examples of harm are classified as, physical pain, anguish, unexpected or additional medical bills, lost wages and earning capacity.
When To Act?
The sooner action is taken the better. There are laws known as statute of limitations that state a frame of time in which a personal injury complaint can be filed. Those who suspect they are a victim of medical malpractice should consult with a medical malpractice lawyer as soon as possible after the incident to protect their right to legal recourse.
Thanks to Hall-Justice for their expertise on the subject of medical malpractice and personal injury law.
