The average payout for a successful malpractice claim has risen about 23% from the 90s. But the number of successful claims has declined by 56%. This means that while there are fewer claims, the successful ones pay more.
So how do you ensure that your medical negligence case is one of the successful ones? You need to establish that the health care provider is at fault for your injuries.
The Four Basic Elements
There are four basic elements that you need to prove for your claim to be successful. First, the medical professional owed you a duty. Then, the medical professional failed in that duty.
Third, that the failure is the dirt cause of the injury. And finally, there is an actual injury.
1. Prove There Is a Relationship
A doctor/patient relationship is formed once a doctor agrees to provide you with diagnosis and treatment. Proving the relationship is often the least disputed part of the case.
You can prove a relationship by showing medical records where the doctor diagnosed and treated you.
2. Prove Negligent Care
For this step, you need to prove that the doctor did not meet the standard of care. This standard is what a competent, reasonable, and skilled medical professional with a similar background would provide. Essentially you compare the treatment your doctor provided to what other medical providers would give with similar experience in the same situation.
Legal experts from Wapner Newman, Attorneys at Law explain that many serious medical errors made by surgeons can be attributed to the doctor’s level of burnout. Because of burnout, an ordinarily competent medical professional will provide care that does not meet the standard.
3. Prove Injury Is a Result of the Negligence
It isn’t enough that your doctor was negligent. You must connect that negligence to your injuries. This could be that your condition became worse or that you suffered additional medical complications.
This tends to be one of the more debated areas of these types of cases. You will need medical experts to explain how your injuries are a direct result of the doctor’s action or lack thereof.
4. Prove Damages
You must provide proof of the injury and the damages you suffered. This gives the court a quantifiable injury that it can provide compensation for.
This could be lost wages from losing your ability to work. Or it could be additional medical costs that you incurred to treat the additional medical issues. It can also be your additional medical records showing further physical injuries.
Plaintiffs in medical malpractice cases are also customarily entitled to compensation for their pain and suffering.
File Your Medical Negligence Case
If you believe that you have suffered an injury because of a negligent medical professional, then the best thing you can do is speak with an experienced and knowledgeable attorney.
They can help evaluate your medical negligence case. If you have a viable claim, they will help you take the next steps to file your case.
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