Were You Negligently Injured? When You've Been Wronged, We Make It Right!

Do I Have a Medical Malpractice Claim?

When you go to the hospital or visit your doctor, you expect to receive competent medical care. Unfortunately, not everyone has a positive experience when they visit a healthcare facility. People make mistakes every day, but when those mistakes happen in the medical field, they can have catastrophic, even deadly, consequences. If you or someone you love was harmed because of a negligent doctor, a hospital error, or another type of healthcare mistake, you might have a medical malpractice claim. However, in order to successfully bring a claim, a few basic requirements must be satisfied.

The requirements for any medical malpractice claim include:

1. Established Duty of Care

In any medical malpractice case, there must have been an established duty of care, which means a doctor-patient relationship existed. Doctors and other medical professionals only have a duty to provide care to their patients, not just to friends or neighbors who seek causal advice. If you have seen your doctor in a professional setting, by booking an appointment with him or her, then the doctor-patient relationship has been established. However, doctors and other medical professionals must satisfy the applicable standard of care even if they do not bill for their services or write up formal records. The key is whether they were providing professional medical care to someone seeking it.

2. Proof of Negligence

Some medical treatments don’t yield the results we want, but that isn’t reason enough to warrant a medical malpractice case. A case only exists if the doctor, nurse, or hospital was negligent or made a serious error. The patient or the patient’s family must be able to prove that the doctor or nurse failed to provide care that any other “reasonably skillful and careful” healthcare professional would have been able to offer.

3. Potential Cause

The injured person must also be able to prove that the negligent party actually caused the damage they sustained. For example, if someone was already injured or ill, but the doctor acted negligently, their actions might not have directly caused additional damage. The liable doctor, nurse, or hospital must have directly caused the resulting damage in order for the medical malpractice claim to have any validity.

4. Injuries

Lastly, in order for a medical malpractice claim to exist, the injured party must have suffered significant damage. Even if the doctor acted negligently and made a serious error, if their mistake did not cause any harm, there can be no medical malpractice claim. Also, the harm the individual suffered must be directly caused by the malpractice. However, harm needn’t always be physical. Harm can also include mental anguish, additional medical expenses, and loss of wages.

If you or someone you love was harmed by a doctor, nurse, or hospital, our firm can help you pursue a medical malpractice claim. ContactSimeone & Miller, LLP immediately to discuss your personal injury case because all cases have deadlines that must be satisfied..