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Determining if you have a favorable medical malpractice claim

May 20, 2015 Medical Malpractice

Medical malpractice occurs when a medical professional makes a mistake which causes a patient harm.  Medical malpractice occurs when a medical provider fails to measure up to the reasonable level of care as set by their peers. This simplified definition does not fully encompass the complexity of a malpractice lawsuit. As with any legal issue, the lines are sometimes fuzzy. The information below will help you determine if you have a legitimate case and if it is time to contact a medical malpractice lawyer.

ProofDetermining if you have a favorable medical malpractice claim

The most crucial piece of the puzzle is substantiation. The burden of proof is on you, meaning you must provide the necessary evidence to support your claim. There are two primary issues that must be verified. One, you must provide documentation that the medical professional made a blunder. Two, you must provide evidence that this error caused your detriment. Without demonstrating both aspects, you have a difficult case. If you have clear, concise proof that both things occurred, you have evidence of a favorable medical malpractice lawsuit. Once hiring a medical malpractice lawyer, he or she will request medical records and consult experts to put a case together. Their team will also calculate the amount of damages they believe you are owed and help put a case together against the medical provider.

Negligence

Sometimes the mistakes made by medical professionals are very evident and obvious. For example, operating on the wrong knee or leaving an instrument inside the body cavity. Often times, the oversight falls under the term “negligence.” Sometimes the malpractice isn’t so obvious. One example is when a medical professional makes a fallacy by omitting a specific standard of treatment. Failure to do something can be just as harmful as doing something. Either way, they have made a mistake.

Injuries & Damages

The damages caused by the indiscretion gives you the legal right to pursue financial compensation. The seriousness of your injury and the level at which it affects your life determine the amount of monetary recompense you may be owed. Things like loss of income and pain and suffering are recoverable damages in a medical malpractice lawsuit.

Talk to a Medical Malpractice Lawyer

If you believe you have a medical malpractice case, do not hesitate to call an attorney. People working in the medical field usually have malpractice insurance to assist in these matters. Medical malpractice cases are time consuming and difficult to pursue. We always recommend calling a medical malpractice lawyer to review your case and your injuries. If you would like more information on medical malpractice and discuss your issues with one of our attorneys, please don’t hesitate to contact us.

 

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