The healthcare industry is a cornerstone of society, but unfortunately, medical practitioners are fallible. As a medical malpractice lawyer from a firm like Hall Justice Law Firm can explain, mistakes can lead to further health complications, and in the worst-case scenario, doctors may intentionally harm their patients. If you have suffered an injury under the care of a medical professional, you may be able to sue for medical malpractice. However, there are three important qualifications for such a case to be considered valid.
The first step involves providing grounds for suing your doctor or another healthcare professional by showing that you were a paying client who received treatment from them. Evidence of this can be proven with scheduled appointments, invoices, and medical bills. Once it is established that a doctor-patient relationship exists, the concern of malpractice can be addressed.
Although perfection is not expected of doctors, the law requires medical professionals to follow standards of care. These standards require medical professionals to provide reasonable care the same way a similarly qualified medical practitioner would, and a violation of these standards could be considered negligence. Examples of medical negligence include:
However, proof of negligence isn’t enough to sue for medical malpractice. You must also prove that your injury occurred as a direct result of a breach in the standard of care. Injuries that were not caused by negligence will not be considered for your case.
You cannot sue for medical malpractice if the care simply wasn’t to your liking or didn’t have the desired result. You’ll have to prove that an injury resulting from treatment has led to significant damages. Such damages include a disability, unaffordable medical bills, severe loss of wages, or various pain and suffering. Economic damages will be easy to prove with financial records, but it may be more difficult to convince the court that your injury resulted in pain and suffering damages such as emotional trauma, disfigurement, inconvenience, or loss of quality of life. Generally, extensive testimony of doctors and loved ones is required.
Medical malpractice cases are one of the more expensive and convoluted lawsuits, and depending on your situation, your injury may not be worth the cost of pursuing compensation. If you think you may have a case, contact a knowledgeable and experienced medical malpractice attorney to help establish viability prior to filing. Then, your lawyer can help you fight for the compensation you deserve.