Medical malpractice is when a patient is injured by a doctor when they fail to perform their medical duties safely and within standards. Each state has their own set of requirements for filing a medical malpractice claim, but there are a few core conditions that are at the center of most claims. Those include proving negligence by a doctor and that the doctor’s negligence caused pain and suffering. Keep in mind that you must also have a direct connection with the doctor that you are filing a claim against. It probably goes without saying, but you cannot sue a doctor without proof that they actually treated you.
Prove Suffering As A Result Of Your Injuries
For cases involvingmedical malpractice, an attorney has to show that not only the doctor caused harm or injury, but that injury led to pain and suffering. This can be done by showing proof of mental anguish, physical pain, loss of work capability, or even extra medical costs outside of insurance. It may be true that the doctor acted below normal standards of care, but if a claimant cannot prove any of these damages, a case may be difficult to prove.
Prove the Doctor’s Negligence
Being displeased with a service your received from a doctor is not enough to prove medical malpractice. Your attorney has to prove a clear case of neglect. This is especially true if the claimant is already sick or even injured from a prior situation. A personal injury attorney has to show a distinct action or lack there of by the doctor that proves their negligence.
Get An Expert To Testify On Your Behalf
What can really drive a medical malpractice claim home is having an expert testify. This may involve having another doctor of the same field testify that the negligent doctor’s actions were the direct cause of the injury or pain. They can claim this because of their own expertise and patient care. In most cases, the courts give more credence to an expert over an injured party claiming they have pain and suffering.
What Are You Waiting For?
If you believe you have a case for medical malpractice,contact the attorneys at Rodriguez, Interiano, Hanson, and Rodgers Law Firm in Kennewick, WA directly. We can sit down and talk through the many options for your situation. You have suffered enough already and we are here to help you get the compensation you deserve.