Skip to Content

Key Things To Know Before You File A Medical Malpractice Lawsuit

When you visit your doctor, it’s normal to expect a treatment that can make you better than before.

However, this is not always the case.

You see, sometimes there can be incidences of injuries because of a botched surgery, a missed diagnosis that leads to needless suffering.

This is what is called medical malpractice when a medical professional harms you due to failure to perform their medical duties.

If this happens to you or your loved one, perhaps you need to contact the law offices of Kampf Schiavone.

Unfortunately, medical malpractices can lead to severe injuries or even death.

Each state uses different rules when it comes to bringing a medical malpractice lawsuit.

Key Things To Know Before You File A Medical Malpractice Lawsuit

In many states, you need to notify the medical practitioner first before, though you can also find general principles and even broad categories of rules.

This article explains key things to know before you file a medical malpractice lawsuit. 

Understanding medical malpractice

Medical malpractice can happen when a medical professional breaches the standard of care.

So to breach this standard of care, then the doctor or any medical professional may have done unreasonable things under the circumstances. 

This means the doctor or medical professional may not have performed the same way in similar circumstances.

If an injury is due to this unreasonable action or inaction, then medical malpractice exists. 

Sadly, medical malpractices are one of the leading causes of death in the United States.

Every year, thousands of people lose their lives due to medical malpractices, and thousands of other patients also suffer injuries that don’t cause death. 

Keep in mind that medical malpractice doesn’t always necessarily exist when there is a bad outcome.

This is because every medical procedure has some risks, and each individual can respond to medical treatments differently.

Simply put, even in the best situation, with medical professionals, bad results can happen.

You can receive the most advanced treatment, but your health still deteriorates even when there is no negligence.

While there is a need for a bad outcome to prove a medical malpractice case, it doesn’t mean there was medical malpractice when there is a bad outcome. 

What you need in a medical malpractice claim

As you can see, it can be hard to prove that medical malpractice existed.

So to prove that medical malpractice happened, you must prove that there was a relationship between a doctor and a patient.  

In other words, you need to show that there was a doctor and patient relationship with the physician you are suing.

It means you hired the physician and the physician agreed to be hired. For instance, it’s impossible to sue a physician you overheard advising people at a party.

The only way you can bring a medical malpractice lawsuit is if the doctor started seeing and treating you.

In this way, it can be pretty easy to prove that a doctor and patient relationship existed.

The argument about this form of relationship usually comes when a consulting doctor doesn’t directly treat you.

You also need to prove that the doctor was negligent.

Well, just because you are not happy with your results or treatment doesn’t mean that the physician is liable for medical malpractice.

The doctor can only be liable if they were negligent in connection to the treatment or diagnosis. 

To sue for medical malpractice, you need to prove that the specific physician harmed you in a way any competent physician under similar circumstances would not have.

The doctor’s care is sometimes not needed to be the best possible, but it should at least be skillful and careful.

Regardless of whether or not the physician was reasonably careful and skillful is usually one of the key arguments in a medical malpractice claim.

This is the reason why many states require you to present a medical expert to explain the right medical standard of care and even prove how the doctor being sued failed to follow the standard procedures.

Besides, you also need to prove that the doctor’s negligence led to the injury.

Key Things To Know Before You File A Medical Malpractice Lawsuit

It’s worth noting that many medical malpractice claims involve people who were already injured or sick.

So there is usually a concern of whether what the physician did, negligent or not, really caused you harm. 

For instance, if a patient passes away after cancer treatment, and the physician performed something negligent, it can be challenging to prove that the physician’s negligence led to the death of the patient instead of cancer. 

In this case, you need to prove that there are good chances that the doctor’s negligence directly caused the death.

This is where a medical expert comes in handy as they can testify that the physician’s incompetence caused the death.

It’s also important to prove that the harm led to specific damages.

Even though there is good evidence showing that the physician performed below the accepted standards in their field, you can’t sue for medical malpractice if you don’t suffer any harm.

Some types of harm you can experience include physical pain, mental anguish, lost wages and earning capacity, and extra medical bills. 

Therefore, if you have enough evidence, then it’s a good idea to present it to build a compelling case.

You can need credentialed medical professionals who are ready to testify.

Aside from this, you also must have medical records that explain the extent of the injuries and medical error it caused you.

The good thing is that your medical malpractice attorney can tell you the type of evidence you require.

To sum it up, several situations can lead to medical malpractice claims.

These include a physician leaving a sponge in your stomach while doing an operation and a doctor failing to warn you that prescribed medication can cause heart failure.

Regardless of the situation that you’re facing, it’s always a good idea to contact top legal defense attorneys to handle your case.

This can give you a chance of receiving the compensation you deserve for the harm.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

This site uses Akismet to reduce spam. Learn how your comment data is processed.