Medical malpractice occurs when a patient suffers an injury by a doctor, or another healthcare provider, who fails to competently perform his or her medical duties. The following blog post explains the general principals and broad categories of rules which apply to most medical malpractice cases.
In order to prove that medical malpractice occurred, you need to be able to show all of the following things:
- A doctor-patient relationship existed – You need to show that you had a doctor-patient relationship with the physician you are filling a lawsuit against. This means you hired the doctor and the doctor agreed to treat you.
- The doctor was negligent – The doctor needs to have been negligent in regards to your diagnosis or treatment by demonstrating that he or she caused you harm in a way that a competent doctor, under the same circumstances, would not have. Although the physician’s care is not required to be the best possible, it needs to be “reasonably skillful and careful.” Just because you are not satisfied with your treatment does not mean the doctor is liable for medical malpractice. In most cases, you would need a medical expert to discuss the proper “medical standard of care” and show how to defendant strayed away from that standard.
- The doctor’s negligence caused the injury – Since many cases of medical malpractice involve patients that were already ill or injured, there is typically a question of whether the doctor’s actions, negligent or not, actually resulted in further harm. The patient needs to show that it is “more likely than not” that the physician’s incompetence directly caused the injury.
- The injury resulted in damages – In order to be able to sue for medical malpractice, you must suffer some sort of harm. Common examples of harm include physical pain, mental anguish, additional medical expenses, and lost wages or earning potential.
At Kempton & Russell, we have decades of experience bringing medical malpractice claims against negligent doctors, hospitals, nurses, and other medical specialists. Our Sedalia personal injury attorneys treat each claim with the highest level of care, providing individualized solutions that reflect the unique situations of each client. You deserve nothing less than our utmost dedication and hard work.