Medical malpractice accidents happen very frequency. If you have been involved in one, there are probably many questions that you may have. An experienced medical malpractice attorney will be able to answer any legal questions that you may have and collect damages for any losses that you encountered after your accident. The statute of limitations varies per state, so it is important to act quickly if you have been involved in an accident. Below are the few things you will need in order to prove medical malpractice.
Elements to Prove Medical Malpractice
You will need to start by showing that there was a doctor-patient relationship establish. This will show that you and the doctor had an agreement for the doctor to treat you and provide competent care. This element normally goes unchallenged in most medical malpractice cases.
Establishing Doctor-Patient Relationship
The next thing that must be show is that the doctor strayed away from the standard of care, which is what any other medical professional would have normally practice under the same circumstances. This is the most important fact to prove in any medical malpractice case. In order to prove this, it is vital that you seek a second opinion.Consult another medical professional to support your claim of substandard care. They will be able to explain what the original doctor should have done. It may be necessary for the professional to testify in your case. Medical professional groups sometimes use clinical practice guidelines they publish as evidence.
The next step can get a little tricky. You must prove that your doctor’s negligent care worsened your health, resulting in additional injuries unrelated to your current medical condition. The other medical professional can assist you in establishing this.
Finally, you must be able to provide details of the harm you suffered to collect damages. Examples of damages include:
- Lost wages
- Medical bills
- Pain & suffering