Elements of a Medical Malpractice Case
Posted on behalf of Lynch Law Firm on Jan 13, 2017 in Medical Malpractice News
Medical malpractice cases can be complicated and require a skilled attorney who understands both the medical industry and personal injury law.
In order to have a case, the victim and his or her New Jersey medical malpractice attorney must prove that the medical professional was negligent in providing care. This means that his or her conduct fell below a standard recognized by the law that protects others from reasonable harm. Some of the elements required for proving this include:
1. There was a doctor-patient relationship
In the eyes of the law, a doctor-patient relationship means that the doctor, or medical professional, has a duty to provide you with competent care that falls within accepted standards. This is generally easy to prove as a doctor-patient relationship generally exists if a doctor was providing you with treatment. Even if no set agreement was made, this relationship will exist if the doctor provided a diagnosis or treatment.
2. The medical professional provided negligent (or careless) care
Doctors are required to treat patients with the care and skill that a physician with similar knowledge and expertise would provide under similar circumstances. This is commonly known as the “medical standard of care.” It is one of the most contested elements in a medical malpractice case.
Experts will likely be called to testify on the appropriate level of care that should have been provided in your situation and if the at-fault party provided care within accepted standards.
Lynch Law Firm regularly works with a number of medical experts who help our attorneys determine the specifics of the injuries you suffered, how severe your injuries were, if the medical professional acted responsibly and what type of compensation you deserve based on your injuries.
3. A medical professional’s negligence directly caused your injuries
Another vital, yet difficult element to prove in medical malpractice cases is that a medical professional’s negligence or error directly caused your injuries. We must be able to demonstrate that you would not have suffered the injury if it were not for the medical professional’s wrongful act. It must be clear that your injuries cannot be attributed to anything other than the doctor’s negligence.
This can be difficult to do because the team of attorneys for the medical professional and hospital or healthcare facility will do everything they can to deny that your injuries were a direct result of the medical professional’s actions. They will likely attempt to claim that your injuries were preexisting or were caused by something other than their client. They may even try to blame your injuries on something you did.
When speaking with our medical malpractice attorneys, it is vital that you provide us with as much detail and information as possible so that our team can utilize our resources and the opinions of experts to develop a strong argument on your behalf.
4. You suffered actual harm (damages)
Every medical malpractice victim must be able to prove that he or she suffered harm, or damages, from a medical professional’s poor care. This can include the cost for additional treatment, income that was lost from missing work, and physical and mental pain and suffering.
5. Proof by a preponderance of evidence
Every medical malpractice case must be able to demonstrate proof of each of these elements by a preponderance of evidence, which means these things are more likely to be true than not.
Contact Our Medical Malpractice Attorneys to Find Out if You Have a Case
Medical malpractice claims are unique and require an experienced attorney. If you believe you have been harmed because of a medical professional’s negligence, contact Lynch Law Firm for a free consultation to review the details of your claim. We do not get paid unless you get compensation.
Call the Lynch Law Firm at (800) 518-0508 for more information.
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