How to Pursue a Medical Negligence Claim
Medical Negligence Claims
If you or a loved one has been the victim of medical malpractice, it is common to want to pursue legal action against the medical professional who caused the damage. Pursuing a medical malpractice claim, however, almost always requires an accident victim to establish several important elements. When it comes to establishing fault, a victim is often required to establish that a medical professional negligently provided medical care and as a result, the victim experienced injuries or any other type of harm as a result. Establishing medical negligence is often particularly complex and requires an attorney for the accident victim to have both knowledge of the applicable law as well as an understanding of the medical details that are involved in the case.
A Relationship Between the Patient and the Medical Professional
A relationship must have existed between the patient and the medical professional at the time that the care was provided. In many cases, it is easy to establish that this relationship existed. When this relationship exists, a physician has an obligation to provide adequate medical care to the patient.
Establishing Negligent Care
To establish negligent care in a medical malpractice case, a person must establish that a physician failed to meet the medical standard of care, which refers to the type of care that would be provided by a reasonable and skilled medical professional with similar training. Establishing whether a medical professional’s care was negligent is often particularly challenging and requires expert witnesses to testify about what type of care would be provided by a competent and reasonably skilled physician.
Showing that Injuries Occurred as a Result of Medical Negligence
Winning a medical negligence case requires a victim to establish that a medical professional’s negligent care led to the victim’s injuries. This means that a medical negligence victim must establish that the individual’s condition became worse or that additional complications occurred as a result of the medical provider’s care.
A medical negligence victim must provide details to a court of law establishing that the damages that occurred were a result of the medical negligence. Some of the most common types of damages that result from medical negligence include lost wages or medical costs required to remedy resulting injuries. The amount of damages that an accident victim establishes determines how much that individual will be able to receive in compensation.
Speak with an Experienced Medical Malpractice Attorney
It is critical to understand that in medical negligence lawsuits, a person must establish each of the previously mentioned elements by a “preponderance” of the evidence, which means that each of these elements is more likely true than false. If you were harmed as a result of medical malpractice, you should not hesitate to speak with an experienced personal injury attorney. At Ferrara Law, we have the experience and skills necessary to make sure that you receive the compensation you deserve. Contact our law office today to schedule a free initial consultation.