Medical Malpractice Lawyer
You may have a medical malpractice claim on your hands if you recently suffered injuries or worsening illnesses because of a doctor’s mistakes. Given the complexity of malpractice cases, the following can help you decide if you may have a valid case.
Relationship Between Doctor and Patient
As a medical malpractice lawyer from a specialist like Hall Justice Law Firm can explain, medical malpractice can only occur if you have a doctor-patient relationship with the physician. For example, if you were to receive medical advice from a friend who happens to be a doctor, you could not file a claim against him or her. When you were given the advice, he or she was not acting as your doctor. Even if the advice turns out to be wrong or you end up suffering injuries or illnesses because of the advice, there was no standard of care between the two of you.
Medical malpractice occurs when you visit a doctor as his or her patient. Doctors have a standard of care to meet when it comes to their patients. If they act negligently, they can be held liable for your injuries.
Negligence Caused the Patient’s Injury
For a malpractice claim to be valid, the doctor not only has to violate the standard of care, but your injury has to arise due to the mistake. For example, if you would have received the injury or illness with or without a doctor, you may be unable to prove medical malpractice regardless of the medical treatment provided. There cannot be injury without negligence or negligence without injury. You must show that your injury resulted in the loss of income, suffering and hardship, significant medical bills or disability.
For example, if a physician misreads or ignores laboratory results and you develop a more severe condition or illness as a result, you may have a claim on your hands. In this case, your injury or illness was directly caused by the doctor’s negligence. Other forms of malpractice include:
- Unnecessary surgery
- Premature discharge
- Surgical errors
- Failure to order proper testing
Proving medical malpractice can be complex to prove, which is why it is critical to have a medical malpractice lawyer who can help you prove your claim. Before you file a claim, make sure you have your medical records and have tracked all of your medical costs.
To find out the validity of your claim, set up a consultation with a medical malpractice lawyer as soon as possible. He or she can help you gather evidence, documentation and build your case.