Whether for treatment or preventative care, the goal of visiting a doctor is to help improve your health. In some cases, unfortunately, a doctor’s negligent behavior can lead to catastrophic injuries. If you’ve been hurt by a doctor, you may be able to pursue compensation for your injuries.
What Must Be Proven in a Malpractice Claim?
Medical malpractice is a complex area of personal injury law, because many alleged victims have underlying conditions that may have led to the injury or wrongful death. Despite the unique conditions of each case, all medical malpractice claims must prove the following:
A Relationship Existed Between the Doctor and Patient
This is fairly straightforward – in order to prove that medical malpractice occurred, you must first prove that you had an actual physician-patient relationship. This is very easy to establish if you were seen and treated by the doctor in question. However, cases involving a consulting physicians can be much harder to prove.
The Doctor Acted Negligently
Perhaps the most misunderstood aspect of medical malpractice is the concept of negligence. You may be dissatisfied with the way you were treated or the results of your treatment, but that does not mean negligence occurred. Essentially, you must prove that the doctor did not act in a “reasonably skillful and careful” manner, and did not follow the appropriate medical standard of care for your condition.
The Doctor’s Negligence Caused the Injury
Once you’ve established that the doctor acted negligently, you must then prove that the negligence actually caused your injury. This can be particularly challenging for wrongful death cases, or other cases where the patient has a serious underlying health condition. In most cases, you will need testimony from a medical expert to demonstrate that the negligence led to the injury.
The Injury Caused Damages
After you’ve proven that the doctor was negligent, and that the negligence caused your injury, you must show that the injury actually caused recoverable damages. Common examples of these damages include physical pain, mental suffering, lost wages or earning capacity, and additional medical bills.
Trust Your Claim to Our Experience Team
At Jones & Swanson, our attorneys have successfully collected more than $50 million on behalf of our clients. We are dedicated to the rights of injury victims, and understand the challenges you’re facing during this trying time. When you retain our firm, you can trust that we will work tirelessly to get you the money you deserve.
If you or a loved one was injured by a medical professional, call our firm today at (770) 427-5498.