What You Need to Prove Medical Malpractice
Posted on behalf of Lynch Law Firm on Jul 30, 2018 in Medical Malpractice News
Medical malpractice occurs when a health care provider’s negligence causes him or her to make an error that results in a patient’s injury or death.
However, just because the outcome of a medical procedure did not go as expected does not mean a doctor is liable for medical malpractice. There must have been several elements present in order to establish that a doctor is liable for a patient’s injury, worsened condition or death.
Below, Lynch Law Firm’s New Jersey medical malpractice lawyers discuss which factors must be present in your claim to hold a health care liable for negligence. To learn more, contact us to schedule a free, no obligation consultation.
First, you must be able to establish that a doctor-patient relationship existed when the medical error occurred.
A doctor-patient relationship is established when a health care provider agrees to offer you his or her professional services. This may occur when a doctor diagnosis your condition during an initial examination or when a health care provider agrees to treat your medical condition.
Since a doctor-patient relationship can be established at various stages during medical treatment, there are several types of health care providers who can be held liable for medical malpractice. This includes:
- Oral surgeons
- Nurses’ aides
- Physician assistants
The Doctor was Negligent
Health care providers are under a legal obligation to provide patients with reasonable medical care at all times. Typically, a health care provider may be considered negligent if he or she fails to provide the same level of care a doctor with similar training would have provided under similar circumstances.
This means you must clearly show the health care provider’s actions caused you to suffer harm that would not have occurred under the care of a reasonably prudent health care provider.
Some of the most common examples of medical negligence occur when a health care provider:
- Fails to diagnose the patient’s condition
- Diagnoses the patient with an incorrect medical condition
- Prescribes or administers the patient with an incorrect dosage of medication
- Fails to competently perform the patient’s medical procedure
- Performs the wrong medical procedure on the wrong patient
- Neglects to ask or review a patient’s medical history
- Leaves medical supplies or surgical equipment inside the patient
- Neglects to adequately warn the patient of all possible risks associated with a treatment or medical procedure
Proving a medical professional acted negligently is difficult. You will need the help of a skilled medical malpractice lawyer who understands how to build a case that proves the at-fault health care provider is liable for your injury.
Your attorney will consult medical experts and specialists to establish the accepted standards of care and demonstrate that your medical professional’s actions failed to meet those standards.
The Doctor’s Negligence Caused Your Injury
Once we have established the health care provider acted negligently, you must also be able to show his or her actions directly led to your injury. This is often hard to do, as patients are often at a high risk of suffering adverse health events due to their medical condition.
It must be shown that the medical professional’s negligent actions are more than likely the cause of your injury. This will likely require you to prove that your injuries could not have been caused by anything else other than a medical error.
You Suffered Damages
For your claim to be valid, you must have suffered damages due to your injuries caused by the health care provider’s negligence. If you cannot prove you suffered damages due to your injury, you will not be able to pursue compensation for medical malpractice.
Damages resulting from a medical professional’s negligence can include:
- Significant medical bills to treat your injury
- Lost wages from missing work due to your injury or treatment
- Loss of income, if you are no longer able to work due to your injury
Contact an Attorney Now
If you were injured by a medical error committed by a healthcare provider, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.
The New Jersey personal injury attorneys at Lynch Law Firm will help you fight for the compensation you deserve. We will review your case and inform you of the legal options are available. We will help you gather the evidence needed to prove your claim of medical malpractice and pursue maximum compensation for your injuries.
We charge no upfront fees so there is no risk to you. You only pay if we are successful in recovering compensation for you.
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