5 Qualifications for a Valid Medical Malpractice Case
February 18, 2021 by Yale Spector
It’s not uncommon to be confused about the general rules and principles that apply to many medical malpractice cases. Medical malpractice can happen to anyone and it can take many forms. It falls under the tort of negligence and occurs when a patient is harmed by a doctor through actions like operating on a wrong body part, administering the wrong medication, misdiagnosis, or failure to act. However, for a medical malpractice case to succeed in a court of law, certain qualifications must be met.
If you’re wondering how does a medical malpractice lawsuit work or how to file for one if you believe you have a case, the medical malpractice lawyers of Spector Injury & Accident Lawyers are sharing 5 qualifications you need to prove for a valid medical malpractice case.
Requirements for a Medical Malpractice Claim
In all cases, you must understand how to file a medical malpractice lawsuit according to the special rules and procedures outlined by your state. Generally, to have a viable medical malpractice case, you must be able to prove all these things occurred:
Lasting Injury or Premature Death
You must be able to prove you have suffered a significant injury or irreversible harm. Lasting injuries such as nerve or brain damage and disfigurement are examples of irreversible harm. Minor injuries or psychological trauma are harder to prove, so you must be able to show the injury was caused by the breach of duty.
The second qualification for a medical malpractice case is a breach of duty. This involves showing that the injury occurred from an action performed by your doctor. This can include anything from a wrong incision, excessive anesthesia, or a misdiagnosis.
Medical Negligence by Doctor
This element requires proof that your doctor deviated from the accepted standard of care. Just because you may have been unhappy with your medical outcome does not mean your doctor can be held accountable for negligence. In other words, your doctor acted in such a way that caused harm or failed to do something that resulted in injury. For example, your doctor makes the wrong incision or removes the wrong body part.
Doctor-Patient Relationship Existed
You must be able to show you had a doctor-patient relationship with the doctor you are suing. You also need a supporting document signed by a licensed professional in the same field of medicine.
You must be able to prove you suffered harm or injury. You simply cannot sue for displeasure. You will be asked to provide medical expenses and care as well as lost wages and expected earnings from disability from an inability to continue working. Without these damages, there is no basis for a claim.
Why Call Spector Law?
Medical malpractice can anywhere at any time and to anyone. In order to seek the appropriate compensation and receive justice, hiring our medical malpractice lawyers at Spector Injury & Accident Lawyers will guarantee proper representation. No one should have to learn how to file a medical malpractice lawsuit on their own—the arduous task can take a toll on you mentally, physically, and financially. Know we are here to help you in your time of need. For more information on how medical malpractice lawsuits work or for a free consultation, contact us today at 443-505-7343.