It is tough to obtain compensation from a medical malpractice claim.
The experienced medical malpractice attorneys of O’Connor, Acciani & Levy will work diligently to obtain fair compensation for your claim, which may include medical bills, lost wages, and pain and suffering. If we are unable to negotiate a just settlement of your claim, we have the resources and courtroom experience to take your case to trial.
There are several elements your attorney must prove to have a chance of success, including:
- Doctor-patient relationship – In most cases, this is relatively easy to prove. It simply means that the doctor agreed to diagnose or treat you, or he or she provided treatment even though there was no specific agreement. Once a doctor-patient relationship is established, the physician has a legal duty to provide competent medical care.
- Medical professionals provided negligent care – This means they did not act with the same skill and care that other, similarly-trained health care professionals would have under similar circumstances. Expert witnesses may be able to provide insight on the type of care a comparable physician would have provided in the same type of situation. Your attorney may also use clinical practice guidelines to establish an accepted standard of care.
- Link between the physician’s negligent actions and your injury – You must show that the physician’s negligence directly contributed to your injuries or caused them to worsen. Expert testimony may also be used to show your injury resulted from physician negligence and not some other cause.
- Details of the harm caused – The damages suffered must be detailed. This may include expenses for additional medical care and loss of income while you were receiving care and recuperating from your injury.
- Preponderance of evidence – Proving your injury by a preponderance of the evidence means the harm sustained was more than likely caused by medical negligence, according to the elements mentioned above.