HOW DO I KNOW WHEN I HAVE A MEDICAL MALPRACTICE CASE?
To receive compensation from the at-fault medical professional, you must be able to show that the following elements were present in your claim:
- A doctor-patient relationship existed: The medical practitioner involved in your claim must have agreed to provide you treatment. This creates a doctor-patient relationship where the practitioner owed you a duty of care to diagnose or provide you quality treatment.
- The doctor was negligent: The medical practitioner breached his or her duty when diagnosing or treating your condition. This occurs when the doctor fails to adhere to the standards held by the medical community.
- The doctor’s negligence caused the injury: The medical practitioner’s actions, or inaction, worsened your condition or caused you to suffer harm. You must be able to prove your injury or worsened condition was directly caused by the doctor’s negligent care and was not caused by your actions or something else.
- The injury led to damages: The medical practitioner’s substandard care must have harmed the patient or caused him or her to suffer financial losses. This can include physical pain, mental anguish, additional medical bills, and loss of wages or ability to earn an income.