The short answer is yes. If you were the victim of medical negligence, and an injury resulted, you can file a medical malpractice claim.
In order to file a claim, the following must be true:
- A doctor-patient relationship existed
- Negligence occurred
- Injury resulted from the negligence
- Specific damages ensued as a result of the negligence
If you have suffered from medical negligence, call our Schuylkill County medical malpractice attorneys now at (888) 268-0023.
Proving a Doctor-Patient Relationship Existed
No, you can’t sue someone who gave you medical advice in line at the grocery store. Why? Because a doctor-patient relationship did not exist, which is the first step in making a medical malpractice claim. Proving this is relatively easy. Patient paperwork at the doctor’s office, or a prescription from the doctor, can act as proof of a doctor-patient relationship.
Providing Proof of Negligence
Disapproving of what your doctor recommends is not cause for negligence. In order to file for medical malpractice, you must prove that the medical professional was negligent.
Forms of negligence include: failure to diagnose your issue, failure to administer proper treatment, failure to complete a treatment, and/or failure to warn of applicable risks associated with a particular medicine or procedure.
Proving Negligence Caused the Injury
In order to have a proper claim, you must prove that the doctor’s negligence “more likely than not,” caused the injury. If death ensued from illness, and the family sues for negligence, it would be difficult to prove that the doctor, not the illness, caused the death of the patient.
However, if you suffered an injury from taking a risky medicine prescribed by the doctor, and the doctor did not inform you of the risks, you may have a case for medical malpractice. Another medical professional should testify during the trial to confirm that negligence was the cause of the injury.
Proving Specific Damages Ensued Because of Negligence
You cannot sue for medical malpractice if your injury did not result in damages. Examples of damages include: physical or mental pain, increased medical expenses, and loss of work or earnings. Any damages suffered must have resulted from the original negligence that led to injury.
If you are filing a medical malpractice lawsuit, contact Anthony Urban Law Offices, P.C. today. We are available for you 24/7. Call (888) 268-0023 now.
Our medical malpractice lawyers have over 50 years of experience. We give a personalized approach to all of our clients, and gather the proper evidence to build a strong claim. No one should ever have to suffer from the negligence of a medical professional, which is why we are dedicated to working with you to get the appropriate compensation for your injuries.