Not every mistake made by a doctor or nurse can be considered medical malpractice. There are many different aspects to consider when determining whether or not your claim of negligence is valid and whether you have a solid case. An experienced medical attorney can review your individual situation and help you determine whether or not it’s worth pursuing.
A few of the things that your attorney will consider include:
Duty to you, as the patient. In other words, can it be proven that the physician you are claiming malpractice against had a certain duty to treat you? Ultimately, if you sought treatment from a doctor, nurse or other medical professional and they agreed to treat you, there was duty.
Breach of said duty. Did the treating physician fail to live up to the standard of care you, as the patient, were entitled to receive? If not, then the duty he or she had to you was breached and you may very well have a legitimate medical malpractice claim.
Causation – did you suffer losses as a result of the doctor’s actions? Obviously you must be able to prove that because of the actions of the doctor in question, you suffered actual losses. These losses typically need to be somewhat substantial if a medical attorney is going to agree to represent you. Medical malpractice cases can be long and costly, so the amount of damages you are able to prove and hopefully collect will need to be greater than the cost of litigation if it is going to be worth pursuing.
Does your claim fall within the requirements of the law? Medical malpractice laws differ from state to state, but every state imposes regulations on claims, such as statutes of limitations (the timeframe that you are allowed to file claim following a malpractice incident), that may determine whether or not you have a case. An attorney who is experienced in malpractice law will be able to advise you on these regulations to ensure that you meet the requirements.
Do you have sufficient proof? Medical lawyers know many experts that they can call upon to review your case and testify on your behalf, but you must have evidence that they can work with. The more documentation you have (i.e., medical records of follow up treatments, proof of losses, etc.), the better chance you will have of successfully proving your case. If your evidence is lacking or cannot be easily proven, it may not be worth filing a lawsuit.
Medical malpractice claims are complicated and complex and each situation is unique. Seeking the counsel of a medical attorney, although not required in malpractice suits, is highly recommended in order to determine whether you have a legitimate claim and better your chances of being successful if you do.
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