search
top
Currently Browsing: Medical Malpractice

Requirements of A Medical Malpractice Claim

Those working in the medical field are looked upon with high regard by patients for their professionalism and high ethical standards. Patients put their trust on doctors and other medical professionals for the treatment of their diseases. But when a patient is hurt by a doctor’s mistake, they have the right to put forth a medical malpractice claim to recover damages. To prove medical malpractice, certain requirements must be met:

1. There is a doctor-patient relationship that existed

When filing a medical malpractice claim, you need to show a doctor – patient relationship with the doctor you are suing. The National Center for Biotechnology reveals that providing such existence is easy if the doctor was treating you at the time of the accident. An injury lawyer from Columbia will tell you that just the failure of the doctor to uphold standards is proof enough.

2. There was negligence on the part of the doctor

Being unhappy with the result of your treatment does not make the doctor liable for medical malpractice. You need to show proof of negligence in connection with the diagnosis or treatment. To make the doctor liable for malpractice, you have to prove that the doctor caused harm in a way that a competent doctor would not have under similar circumstances.

3. The injury was caused by the negligence of the doctor

This is difficult to prove as most malpractice cases involve patients that were already sick or injured. The burden of proof is on the patient to show that it was indeed the negligence of the doctor that caused the injury. To do this, they would need the testimony of a medical expert.

4. The injury led to specific damages

Even if it was quite obvious that the doctor performed below the standards, there has to be proof of harm. Some examples of harm can be physical pain, mental anguish, additional medical bills, and lost income.

top