Medical malpractice can be very hard to prove because, sometimes, it was an honest mistake due to inadequate family history or some other factor. When there is serious negligence on the part of a healthcare provider, however, you deserve to hold him or her accountable and recover your losses.
If you’re considering filing a medical malpractice claim, a medical malpractice lawyer from Lane & Lane, LLC can help you decide how to proceed.
Key Points of Medical Malpractice
To evaluate whether you have a viable medical malpractice claim on your hands, consider whether the following statements are true:
- There was a clear medical relationship of doctor (or other medical professional) and patient (you).
- The medical care provided to you by the medical professional was below the acceptable standard of medical care, and the doctor was negligent.
- There was a clear connection between the doctor’s negligence and the harm resulting from the medical care.
- The harm caused specific damages severe enough to be quantifiable.
Proving a relationship means you hired the doctor and the doctor accepted you as a patient and treated you accordingly. You can’t count advice given outside of this relationship. This one is the easiest to prove.
Negligence of the Doctor or Medical Professional
You have to show that another doctor in the same situation would not have caused the harm that your negligent doctor did.
This usually means your lawyers will bring in medical experts to explain what was done wrong and how it should have been done correctly. The doctor doesn’t have to be perfect but must perform with reasonable skill and care.
Your Doctor’s Negligence Caused the Harm or Injury
Because people who see a doctor are already sick in some manner, it can be hard to prove that the doctor did something to exacerbate the condition or create new injuries.
Once again, you may have to provide a medical expert to explain how the doctor’s negligence led to the new problems, made the existing ones worse, or caused death. It must be proven that, more likely than not, the doctor’s negligence was the cause of your injury or illness.
Your Doctor’s Negligence Caused Specific Damages
Even if your doctor was clearly negligent, you can’t sue for malpractice if you didn’t suffer any harm from that behavior. You’ll need to keep records of your experience after an operation or treatment to help prove harm. This damage must be quantifiable in order for you to demand monetary compensation.
Quantifiable damages commonly include the following:
- More or higher medical bills
- Lost or diminished income
- Physical pain
- Mental anguish
- Wrongful death
Schedule a Free Consultation
If you or a loved one might have been the victim of medical malpractice, you’ll likely need an experienced legal team to take on your case. Schedule a free consultation with a medical malpractice lawyer from Lane & Lane, LLC by calling us at 312-332-1400 or filling out the form below.