Medical negligence is ranked as one of the leading causes of death in the US. This is a statistic according to the Johns Hopkins medical research. Billions of dollars are spent every year on medical malpractice claims. Medical malpractice in Philly is governed by state laws. The most basic is the statute of limitations. It is important to talk to a Philly malpractice lawyer to file within the stipulated time-frame. While billions are spent on malpractice payouts, proving liability and negligence is complicated.
Requirements for a malpractice claim
As the claimant, you must demonstrate that there was a relationship between you and the doctor. This means that you enlisted the professional services of a doctor and the doctor agreed to treat you. For instance, you cannot sue a doctor for advice you overheard them giving over a telephone call. If you were not treated directly by the doctor, then it is hard to prove that a relationship existed.
The doctor acted negligently
Medical malpractice cases are mainly hinged on negligence. It is important to understand that just because you did not like the results of your treatment, does not mean that the doctor was negligent. The negligence is based on your specific treatment. To have a valid case, you must demonstrate that the physician acted in a manner that a competent doctor would not have acted if the circumstances were similar. The underlying question is whether the doctor acted skillfully and if they exercised the expected standard of care.
The negligence caused the injury
Causation is often tricky to prove. This is primarily because the patient is already sick. The question then becomes whether the actions of the doctor caused the harm in question. In proving causation, the patient must show a direct link between the doctor’s actions and the injury. To prove malpractice, the patient must demonstrate that the incompetence by the physician directly led to the harm. In such an instance, a medical expert is needed to testify. Therefore, it is crucial to seek the expertise of a personal injury or medical malpractice lawyer. On your own, you may not have the legal expertise to prove malpractice.
That the injury resulted in damages
If it established that the doctor was negligent, the patient must have suffered harm as a result of the negligence. Damages awarded in medical malpractice may include, medical bills, physical pain, emotional or mental anguish and loss of earning capacity.
The need for a malpractice attorney
As evidenced, proving malpractice requires an extensive knowledge of the law. For starters, the attorney must establish whether you have a case. The case also needs to be thoroughly reviewed. Medical malpractice claims also need expert witnesses in the medical profession. An investigation must be done to ascertain that there was negligence. If you suspect medical malpractice, it is wise to enlist the expertise of a medical malpractice attorney. Their knowledge of the law and experience can prove useful to help you secure the compensation you deserve.