Medical Malpractice Personal Injury Claims
A study by the Journal of the American Medical Association (JAMA) found that medical negligence ranked third among the leading causes of death in America. In 2012, more than $3 billion was used for medical malpractice payouts. These alarming statistics show that medical malpractice is something to take seriously. If you have sustained a personal injury because of medical malpractice, here's what you need to know.
What Is Required to Make a Personal Injury Claim?
There are four elements required to file a medical malpractice claim. First, your personal injury lawyers must be able to show that a doctor-patient relationship existed. This means that you must have hired a doctor to treat you. For example, you cannot file a claim against a doctor who gave you advice at a social gathering. The doctor must have treated you directly for the doctor-patient relationship to hold.
Your personal injury attorney must also prove that the doctor acted negligently. Your lawyer should show that the doctor was negligent concerning your treatment. Additionally, your attorney should show that a competent doctor would have acted differently in the same situation.
Another thing you need to prove is that your injuries are a direct result of the doctor's negligence. For example, if a patient dies from lung cancer after treatment, it can be difficult to show how the doctor's negligence caused the death since the patient was suffering from cancer. Therefore, you need to show that it's more likely than not that your injuries result from the doctor's incompetence. In such situations, a medical expert will help affirm your claims.
Finally, you need to prove that the injuries caused the specific damage. Even though the doctor was negligent, you cannot succeed in a medical malpractice claim if you didn't sustain any injuries. Some examples of the harm you can sue for include additional medical expenses, physical pain, mental anguish, and lost work.
What Initial Steps Should You Take After a Medical Malpractice Situation?
When filing a medical malpractice claim, the first step is to contact the medical professional who diagnosed or treated you. This will help you understand what went wrong. The medical provider may be willing to correct the error.
If reaching out to the doctor doesn't work, your attorney may recommend contacting the licensing board. The board will issue warnings or disciplinary action against the doctor. However, the board cannot order the doctor to compensate you for damages. Therefore, for serious cases that result in injuries, you should consult personal injury attorneys to help you file a claim within the statutory limitation period. Contact a personal injury attorney for more information.
