3 Basic Elements Of A Medical Malpractice Lawsuit

21 July 2018
 Categories: , Blog


People seek out the help of medical professional to treat a number of illnesses. Most doctors are extremely careful when it comes to the care of their patients, but there is always the potential for accidents to happen.

If you have been the victim of a medical mistake, you may be considering a medical malpractice lawsuit to help you recoup the cost of treatment and compensate you for your pain and suffering. There are three basic elements that you will need to prove in order for your medical malpractice lawsuit to be successful.

1. Doctor-Patient Relationship

In order for a medical professional to be held responsible for the effects of treatment, he or she must be your attending physician. Proving a doctor-patient relationship is relatively easy. If you scheduled an appointment with a doctor's office, this act is enough to meet the burden of proof.

Consulting physicians who do not treat you directly can be more challenging to hold accountable in a medical malpractice lawsuit. An experienced attorney who offers medical malpractice attorney services will be able to help you gather the evidence required to show that a doctor-patient relationship exists with each medical professional named in your lawsuit.

2. Negligence

One of the most difficult things to prove in a medical malpractice suit is negligence. Showing that a doctor was negligent in treating you is essential if you want to win your case. The actions taken by the doctor during the course of your treatment must fall outside the range of what a reasonably skillful and careful doctor would do.

Be prepared to provide expert testimony to show how a doctor deviated from the reasonable plan of care if you want to be successful when filing your medical malpractice suit.

3. Injury

The fact that a doctor was negligent in providing your care is not enough to entitle you to financial damages. The negligence must lead to a specific injury.

You will need to prove a direct causal relationship between your injury and the doctor's care. This will require expert medical testimony and the help of an attorney with experience handling medical malpractice lawsuits.

Don't let negligent medical care go unpunished. The effects of a doctor's negligent actions could be costly for you, both physically and emotionally. Speak with an attorney if you feel you have been the victim of medical malpractice so that you can file a lawsuit seeking financial damages for your pain and suffering.