Many people have had an unpleasant experience with a medical specialist, at some point in their life. While crying wolf may be the most logical thing to do, some of these cases are not legally considered malpractice cases. This is why a medical accidents attorney will be able to help you, in case you consider yourself or someone in your family has been wronged by a doctor.
Typically, medical malpractice occurs when a medical professional, specialist physician, MD or nurse has harmed the patient or failed to competently perform professional duties. One thing you should keep in mind is that rules for filing a medical malpractice lawsuit differ from state to state, so it is always a very good idea to find a dedicated attorney who has proven experiences in this field and ask them to represent you.
What are the basic requirements to support your medical malpractice claim?
To successfully prove your case in court, you should be able to prove that:
1) You had a doctor- patient relationship in place with the medical professional you are suing. For instance, if there is no proof that you have actually hired that doctor and the doctor agreed to treat you, there is no case. As an anecdotal point, you would never be able to sue a doctor only for overhearing him giving medical advice to someone else, at some party or public meeting. If you are unable to prove a professional relationship existed between you and the doctor, you basically have no case.
2) Your medical specialist acted in a negligent manner. Many people make the mistake of thinking that they can sue a medical doctor for the very reason that they were unhappy with the treatment results. To sue for malpractice, you need to be able to prove that a physician or medical expert has caused you harm that, under the same circumstances would not have been caused. Your accidents attorney will have to be able to provide a medical expert witness who will discuss your case and will present the legal standards of treatment that should have been applied.
3) The medical expert’s negligence caused the actual injury. You should keep in mind that many malpractice cases actually involve patients that were injured or sick prior to treatment. So the reasonable doubt in this case will be based on whether what the medical practitioner did actually caused more harm or an unnatural result to your particular case.
There are many special requirements in medical malpractice cases and your specialized medical accidents attorney should be able to prove them without any doubt. This is why it is crucial to contact one legal expert as soon as your condition allows you, or have someone in your family hire legal help to assist with your malpractice suit.