Medical malpractice cases are often difficult to prove. However, it is easier with an experienced attorney at your side. The basis of a medical malpractice claim is a doctor or other medical professional that fails in performing their duties. Most claims occur when a doctor fails to diagnose a condition, a patient receives the wrong treatment or the doctor fails to warn a patient about certain risks.
Individuals who think they have a claim should consult a Medical Malpractice Lawyer Service. The lawyer will explain that in order to have a claim he or she must prove all of the following:
1. existence of a doctor-patient relationship
2. the doctor was negligent
3. the negligence caused an injury
4. the injury resulted in specific damages
Claimants must prove that they saw the physician on a regular basis and paid for their services. Individuals cannot sue a doctor who gave them medical advice at a cocktail party. It is easy to prove that the doctor-patient relationship existed by showing the medical records. In order to prove negligence, the lawyer must show that the doctor treated you differently that another doctor would have in the same circumstances. Almost every state requires the plaintiff to provide an affidavit from a medical expert saying that the doctor’s treatment was below the medical standard of care.
In addition, it must be proven that the doctor’s negligence harmed the patient and not the original medical diagnosis. Additionally, specific harm must come from the injury. Examples include pain, stress, death, added medical bills and lost work and earning capacity. An example of malpractice would be a sick person who dies prematurely because the doctor gave them medicine that was inappropriate for their condition. The Medical Malpractice Lawyer Service will make sure lawsuits are filed timely. Most states require lawsuits to be filed within six months to two years of the incident. Some states start the statute of limitations period when the incident occurs. Others use the date when the malpractice is discovered. Further, many states have caps on the amount of damages that a malpractice plaintiff may receive. An experienced attorney will try and get all the damages his client is entitled to. Get in touch with us for more information.
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