Important aspects of a medical malpractice claim

Patients trust physicians to provide the highest level of care possible. Unfortunately, not all physicians live up to this expectation.

In cases where the physician is negligent, it may be possible to file a successful medical malpractice claim. For those thinking about making a case, there are a few important aspects to consider.

Medical malpractice

Medical malpractice occurs when a physician fails to meet the proper standard of care in a situation. This can include certain means that the physician does utilize, or the omission of proper treatment or information. 

Proof process

It is important to understand that not every case where the surgery or procedure does not go as planned is a viable candidate for a medical malpractice claim. Even if at first glance it might seem that a case has merit, additional aspects, such as decisions of the injured party, may decrease the chances of the case standing in court. The proving process is not always easy, but is an essential aspect of the case. A claimant must show three main aspects:

1. There was an established doctor-patient relationship.
2. The physician was negligent during the treatment process.
3. The treatment directly caused the injury or harm.

Clear and admissible evidence is critical to the proving process. A knowledgeable attorney can be very helpful in collecting and presenting the right evidence for the case.

Damages

The types of damages that claimants may seek depend upon their relation to the incident. If the patients are filing for themselves, they may seek payment for lost wages, medical bills, future medical treatment, and more. If the patient dies and the family members file, they may seek additional damages, including loss of life. For those who actually witnessed the deterioration of a loved one, damages for pain and suffering may be an option.

These are a few important aspects of a medical malpractice claim; however, there are additional elements to consider. Therefore, it is important for victims to take some time to review the law and claim process and speak to an attorney to determine the best course of action for their situation.