Medical Malpractice

Requirements For A Medical Malpractice Claim

There are four requirements for a medical malpractice claim. One requirement is to prove that a doctor-patient relationship existed. You must show that you were an actual patient of the doctor who hurt you, and that you were directly treated by that particular doctor.

You must also show that the doctor was negligent. For a medical malpractice lawsuit to be considered, you need to be able to show that a particular doctor or doctors caused you harm in a way that other competent doctors, under the exact same circumstances, would not have. It is not required for the doctor to have provided you with the best care possible, but simply to have performed his duties, reasonably, skillfully and carefully. This type of care is the core of most medical malpractice cases. Very often, attorneys will hire medical experts to review the details of a case to determine whether or not the appropriate standard of medical care was used, and if not, how the doctor’s procedures deviated from that standard of care.

The third step is to prove that it was indeed the doctor’s wrongdoing that caused your injury. You need to show the likelihood that the doctor’s carelessness and failure to follow the standard of medical care actually led to your injury. A qualified medical expert can testify whether or not your doctor’s negligence caused the injury.

The fourth step is to show that the injury you have sustained led to specific damages. Even if the doctor did not treat you within the proper standard of medical care, you can only sue for medical malpractice if you actually sustained injuries. For example, you can’t sue a doctor if he gave you his medical opinion and you don’t like it. You also can’t sue a doctor if he treated you and you weren’t satisfied with the quality of service. You can only sue for damages if you were injured by the doctor. Some examples of harm that you can sue for include physical pain, mental and emotional suffering, excessive medical bills, loss of the ability to work, and lost earning potential.