Requirements for a Medical Malpractice Claim

Posted By Brandon Personal Injury Lawyer || 12-Aug-2013

Medical malpractice takes place when the actions or lack of actions from a medical professional causes harm to a patient. Failing to perform medical duties is dangerous and can lead to severe consequences. Team up with a Brandon personal injury attorney for help with your claim. In order to file a claim for medical malpractice, you and your attorney will need to prove all of the following things present in your case:

  1. There was a doctor-patient relationship: meaning you hired a doctor to perform some sort of duty or care and the doctor agreed to be hired.
  2. The doctor acted in a negligent manner: disliking results does not necessarily mean you have a medical malpractice case. The doctor must have been negligent in some way or not have acted carefully or reasonably skillful.
  3. The negligence of the doctor is the cause of your injury: medical malpractice claims cannot be a result of an injury the patient was already suffering from. The actions of the doctor must have caused the harm or injury to the patient. In doing so, you must prove that it is "more likely than not" that the negligence led to your injury. You will need to obtain a certificate of merit from a medical expert testifying that this is the case.
  4. The injury led to damages: you cannot sue for medical malpractice if you did not actually suffer any harm from the doctor's negligence. You must have suffered from physical pain, additional medical bills, lost income, diminished work ability, mental anguish or some other harm due to the negligence of the doctor.

If you have any other questions regarding the requirements for a medical malpractice claim, contact a Brandon personal injury lawyer from our firm. Boohoff Law, P.A. offers a free consultation so call today and see how we can help in your case!