Grounds for a Medical Malpractice Claim
Bill Allen | July 1, 2016 | News
Posted By Allen Law Firm P.A. || 18-Jul-2016
Medical malpractice occurs when a patient is harmed by a doctor who is reckless, negligent, and fails to perform his or her medical duties. That isn’t to say, however, that every situation involving a complication or worsening condition is grounds for a medical malpractice suit. In this blog, we explain the most basic elements to a medical malpractice claim.
Establishing a Doctor-Patient Relationship
One of the first things that must be determined is that a doctor-patient relationship existed – in other words, you hired the doctor and the doctor agreed to treat you for your condition. This element of a medical malpractice case is fairly obvious, and therefore easy to prove in court.
Proving the Doctor Acted Negligent
Being unhappy or unsatisfied with your treatment is not grounds for a medical malpractice suit. You have to be able to show that not only was the doctor negligent, but that negligence directly caused you harm and suffering. In some cases, this can be easy to prove – if a surgeon amputates the wrong limb or performs a procedure on the wrong part of your body, for example. Proving negligence can become more difficult if the patient in question had a preexisting condition, such as cancer, which could have been responsible for their death or suffering.
At this point in the process, you’ve determined that there was a doctor-patient relationship, the doctor acted negligent, and his or her negligence was a direct cause of your harm. You now must prove that your harm and suffering is eligible for financial compensation. You have to place a value on your damages, which can be hard if your harm cannot be quantified. Hospital bills and visits have an exact cost, but pain and suffering, along with other forms of mental anguish do not.
At Allen Law Firm, P.A. our Gainesville medical malpractice attorneys have extensive experience in handling medical malpractice cases. Our in-depth knowledge and understanding of the law and legal process can be extremely advantageous in your case. Call (352) 331-6789 or