You must prove several elements of a medical malpractice claim to file a claim against a medical practitioner.
If you have suffered an injury due to the negligence of a medical professional, you may have the right to file a medical malpractice claim. However, you must prove several elements of a medical malpractice claim to file a claim against a medical practitioner. A knowledgeable medical malpractice attorney can assist in proving these elements. Let’s go over the details of a successful medical malpractice claim.
Doctor-Patient Relationship
You and your medical provider must have established a doctor-patient relationship. This is fairly easy and simple to prove. If the doctor or nurse treated you, diagnosed you, or was otherwise directly involved in your case, you had a relationship. Establishing a doctor-patient relationship legally forms a duty of care, meaning the medical practitioner is required to provide you with competent treatment.
Breach of Duty of Care
After establishing a doctor-patient relationship, you must prove that the medical practitioner failed to uphold the medical community’s standards. This means that your doctor did not follow the same standard of care that other doctors with the same training would have provided under similar circumstances. To prove this, you must compare your doctor to other professionals in their field of practice to establish a standard that they should have followed when treating you. This is often accomplished by using expert testimony from a knowledgeable witness and reviewing the patient’s medical records.
Causation
Once you have proved the doctor’s negligence, you need to establish that their actions, or lack thereof, made your condition worse or caused you to suffer further injuries. You must prove that your illness or injury was directly caused by the doctor’s negligent care and is not pre-existing or caused by another health problem.
Damages Related to the Injury
In order to receive compensation, you must have experienced monetary and non-monetary damages as a result of the medical professional’s negligence. Damages in a medical malpractice case often include medical bills, physical pain, mental and emotional distress, lost income, and reduced earning capacity. Your attorney may ask doctors to testify on your behalf to help prove that you were indeed a victim of medical malpractice.
If you received substandard care the last time you saw a doctor, contact Snyder Law Group LLC to determine if you have grounds for a medical malpractice claim. Reach out today for a free case evaluation.
Contact The Snyder Law Group Today
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts and settlements. Please visit our website, www.410thefirm.com, or call us at 410-843-3476, for more information. Follow us on Facebook, Twitter, and LinkedIn.