February 21, 2017
When you go to your doctor or have to visit a hospital, clinic, or emergency room, you likely believe that you are going to be properly cared for and that the staff knows what they are doing. Even though most people have this expectation, medical professionals, and doctors make mistakes – often serious ones – each day.
Some people believe that if a mistake occurs in a medical setting, they can file a lawsuit and be awarded damages immediately. This isn’t always the case. Due to the fact that medical professionals make mistakes sometimes, it does not mean it was always due to negligence. In order to file a lawsuit and successful recover compensation, it is essential you can prove that the mistake was the result of negligence and that it could have been avoided.
If you believe you have a medical malpractice case, you need to be able to effectively prove all of the following:
- That the medical professional or doctor acted negligently or made a mistake.
- That you suffered an injury or harm because of the act of negligence or mistake.
- That the injuries you suffered caused you a financial loss in regard to lost wages or medical bills.
- An established doctor-patient relationship was established.
If the doctor has agreed to provide a diagnosis or even follow up with a plan for treatment, it is safe to say that there was an existing doctor-patient relationship. If you are first entering an ER, this relationship is not established until you actually speak with or see the doctor.
Establishing the doctor-patient relationship was present proves that the medical professional or a doctor had a duty to treat them with a certain standard of care. If these standards are not met, then negligence is able to be proven. Negligence can be the result of many factors, from not reading a lab report properly to making a misdiagnosis and more.
Once this is established, you have to provide proof that actual negligence occurred. This is done by proving that sub-standard care was provided or that a mistake was made. In some cases, expert witnesses can help with proving this.
However, what you have to prove doesn’t stop there. You also must prove that you suffered harm or an injury because of the negligent act and that this is what cost you in terms of lost wages or medical bills.
As you can clearly see, any cases involving medical malpractice are complex. In fact, these are one of the most difficult lawsuits to prove in court. Hiring an attorney is your best option if you want to successfully recover compensation. The team at Bautista LeRoy has worked on cases like this for years and can help you achieve the monetary compensation you deserve.