The Essential Elements Of Your Medical Malpractice Claim
Injuries due to poor, sub-standard medical treatment can be compensated in a personal injury claim, but you must be able to prove your case. There has to be a patient-doctor relationship, and care must have been negligent in nature. Even if the treatment provider made a mistake in your care, you must also show that you have injuries directly caused by the mistake. You will need to work closely with your medical providers to determine the extent of your injuries, and expert witnesses must be able to show that the care you received was below the medical standard of care and is what caused your injuries. Medical malpractice claims take skill to pursue, and a medical malpractice attorney is necessary to get the compensation you deserve.
Identifying Sub-Standard Care in Medical Malpractice
Figuring out that the care you received was sub-standard can be difficult. When your injuries are substantial because your doctor failed to diagnose your condition, didn't complete standard diagnostic testing, or didn't give you the obvious treatment that would have been given by similar doctors in the field, you need to be able to prove this. Experts in the field are common in medical malpractice cases, and your attorney will have an expert witness who can look at the standard of care and the care you received to determine if it was sub-standard.
Proof That the Negligence Caused the Injuries
Beyond a clear doctor-patient relationship and poor medical care, you have to be able to show that your injuries are caused from the negligence. It's possible that you have a medical condition that is causing your symptoms, and it is not due to the care you received. This is another area where experts will be needed to show that your injuries are a direct result of the poor standard of care you received from your medical provider.
Your Damages and Medical Malpractice
Pain, suffering, loss of enjoyment, lost wages, future lost wages, and medical bills are all part of your damages when it comes to a medical malpractice case. How your case is valuated depends on a wide range of factors. Your future ability to work and the extent of your injuries will play a role.
When you are looking to file a medical malpractice claim, talk to a medical malpractice attorney from a firm like Shaevitz Shaevitz & Kotzamanis first. You can go through your medical records and determine if you have a viable case to file against your treatment provider.