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Medical Malpractice: 5 Common Questions

There is no question that medical malpractice cases can be quite complex. Not only do you have to deal with the injury you have suffered, but you also have to figure out how you can cover all the accumulating costs associated with it. In many situations, the best thing you can do is hire an attorney to help you sort through the facts of the case and ensure you receive the compensation you deserve.

In addition to seeking legal representation, use the information here to ensure you fully understand the situation.

How do you know if you have a medical malpractice case?

To have a medical malpractice case, the plaintiff has to prove the injuries they suffered were caused by the negligence or carelessness of a medical professional. A person will only have a valid case if they suffered the injury – even when the doctor has clearly acted below the standard of care, if the mistake doesn’t cause any harm, then there is no malpractice.

What is the standard of care?

This is the level that the average, prudent healthcare provider would treat or diagnose certain conditions. To be successful in a medical malpractice case, it has to be proven that the actions of the doctor fell short in relation to how their peers would have reacted to the same situation.

What constitutes negligence?

There are several ways that doctor negligence may occur. Some examples of various types of negligent care that may lead to a medical malpractice claim include:

Medication errors

Incompetent or improper treatment

The failure to warn a patient of known risks associated with a surgical procedure or course of treatment

Failure to diagnose a condition in a timely manner

How can you prove a medical malpractice case?

In order to have a successful medical malpractice claim, the plaintiff has to prove the following things:

The doctor owed the patient a duty of care

The doctor acted negligently in this duty

The negligence of the doctor resulted in the patient’s injury

The injury that occurred resulted in certain non-economic and economic damages, such as physical pain and suffering, mental anguish, medical bills, lost earning capacity and lost income.

What type of evidence is considered during medical malpractice cases?

If you are pursuing a medical malpractice case, some of the evidence your attorney may request includes:

Any personal notes you take that describe the status of your condition

Photos of the injuries you suffered

Any written communications from your healthcare provider or insurance carrier

Copies of your medical bills or medical records

If you have more questions about a medical malpractice lawsuit, you should contact an attorney. They can review the facts of your case and help you determine if you may be able to recover compensation.