If you have undergone a procedure or had an experience with a doctor or other medical professional that turned out poorly, then it stands to reason that you would be upset. Perhaps the event in question was very traumatic and had a long-lasting and adverse impact on your life. But if you are considering bringing a medical malpractice case against the individual or entity who you feel provided you with inadequate care, you should first speak to lawyers like Tittle Law Firm’s medical malpractice lawyers. You should also keep the following in mind.
You Must Prove a Doctor-Patient Relationship Existed
You must be able to prove in court that you hired the doctor or medical professional to perform a service and that the doctor or medical professional agreed to be engaged. In other words, the doctor must have been treating you when the alleged malpractice occurred. If you overheard the doctor give advice out of the office somewhere, for instance, and you then followed that advice and caused yourself harm, that would not constitute malpractice, as the doctor was not treating you at the time.
You Must Be Able to Prove Negligence
The outcome of the case is most likely to hinge on this aspect of it. You must be able to prove that the doctor, hospital, or other entity caused you harm in a way that another medical entity would not have done under the same circumstances. If the case ever goes to trial, the most significant burden falling on the prosecution and the aggrieved party is proving that the appropriate medical standard of care was not followed.
It Was That Negligence Which Caused the Injury
Proving negligence is not all that is required to win a case. It must also be established that the person who was under the doctor or hospital’s care sustained addition injury apart from any preexisting condition or ailment. The patient and the prosecution must establish that is it more likely than not that because of steps taken or not taken by the doctor or hospital, incompetence caused the injury. It is probable that expert witnesses will be brought in by both sides at this juncture.
Specific Damages Resulted from the Injury
The patient must have suffered demonstrable harm from the negligence of the doctor or other medical professional or entity. That could mean mental anguish, physical pain, lost work or earning capacity, or additional medical bills.
There are many different situations which might lead to a medical malpractice case. It could be that a doctor gave poor advice or prescribed incorrect medication. A surgeon might have used an improper technique due to being distracted. The wrong dosage of medicine might have been administered by an orderly. Whether the malpractice falls into the category of inadequate treatment, failure to diagnose, or a failure to warn a patient of known risks, you should always be sure that you have a strong case before proceeding. Getting a competent injury attorney on your side is essential if you want expert legal advice and a positive outcome to the suit.