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Important Claim Requirements Required on all Medical Malpractice Cases

Medical malpractice occurs when a person seeking medical care is injured by a medical professional in the transmission of that care when the medical professional failed to competently perform the applicable standard of care.

Establishing a successful medical malpractice case can prove to be a challenging undertaking. Nonetheless, when a patient is grossly injured as a result of medical negligence, obtaining fair compensation is necessary.

Basic Requirements Needed to File a Medical Malpractice Case

In order to prove medical negligence occurred, it is necessary to prove the following:

  1. A Doctor-Patient Relationship Existed

To have a viable case, it is necessary to demonstrate that a relationship existed between the accused physician and the patient. This can mean that the doctor was hired to treat the patient, and he or she agreed to be hired. A medical malpractice case cannot be filed unless the doctor has agreed to treat the patient. For instance, a doctor cannot be sued when the injury-causing information was obtained when the doctor was having a private conversation with another person. The question as to whether a doctor-patient relationship existed usually arises when the physician did not treat the patient directly.

  1. The Medical Professional Was Negligent When Treating the Patient

When a patient is unhappy with the results or treatment received from a healthcare professional, this does not necessarily constitute negligence, much less that the doctor will be held accountable for medical malpractice. In order to have a successful medical malpractice case, the physician must have been reckless in connection to the treatment or diagnosis.

To file a medical malpractice case, it is necessary to demonstrate that the doctor caused the patient harm in a manner that a competent doctor, in similar conditions, would not have. Doctors do not have to provide the best treatment, but they must be reasonably skillful and careful. They have to abide by the standard of care for medical professionals.

  1. The Doctor’s Negligence Resulted in the Patient’s Injury

Since a vast majority of medical malpractice cases involve patients who were already injured or sick, there is always an issue as to whether the doctor in question caused the patient’s injury. For instance, it may be difficult to prove a case when the patient was already being treated for cancer when he sustained additional injuries after being treated by a doctor. The patient must demonstrate that the injury “more likely than not” was caused by the doctor’s incompetence.

  1. The Injury Resulted in Specific Damages

When it is clear that the medical professional performed below the expected standard of care, a case cannot be filed unless damages were incurred as a result of the negligence. The following is a limited list of different types of damages a patient can file a lawsuit for: Additional medical costs, Loss of income, Loss of earning potential, Mental anguish and depression, Pain and suffering, and loss of quality of life.

Discuss Your Case With a Proficient Medical Malpractice Attorney

Medical malpractice cases are highly regulated by complex regulations and laws, and it is critically important to seek the legal advice of a proficient medical malpractice attorney. These cases are also subject to a strict statute of limitations, which places a deadline on all cases. To ensure a case is filed in the allowable time frame, a qualified litigator must be consulted.

For many years, the medical malpractice attorneys at Milligan, Beswick, Levine & Knox, LLP have triumphed on behalf of injured patients. With their experience and dedication, the firm is well-equipped with the knowledge and skills necessary to handle these difficult cases. After an injury caused by medical negligence, consider obtaining the support of Milligan, Beswick, Levine & Knox, LLP. Contact the firm today for a free case evaluation.

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Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.