If you have been injured, harmed, or suffered loss due to poor treatment or negligence of a doctor, nurse, or other medical practitioners, you are entitled to file for a medical malpractice lawsuit. The harm or injury caused can be due to poor treatment, incorrect diagnosis, breach of a confidentiality agreement, or death of a loved one as a result of the practitioner's negligence. If you provide sufficient evidence of malpractice, you will be entitled to medical malpractice recovery to the extent of injury or harm caused. The following evidence is required for a successful lawsuit.
Proof of doctor-patient relationship
You will be expected to prove that a medical relationship existed between you and the doctor. You should have sought medical services from the facility and the doctor consented to give you a diagnosis and treatment. Existing medical and treatment records can be used as proof of a doctor-patient relationship. Even if the medical care was given without any written agreement, the relationship still existed.
Proof of negligence
Medical negligence occurs when a health practitioner doesn't practice the medical standard of care. This is the level of skill and care that health professionals are required to demonstrate under different circumstances. As a patient with minimal medical knowledge and expertise, you may not be able to prove to a court of law that a doctor acted negligently. The following may be considered:
• The doctor will be compared to other doctors with similar qualifications and in similar circumstances. If his medical actions are unsatisfactory as compared to those of other physicians, he will be said to have acted with negligence.
• Other medical practitioners may be called in to testify about what a skilled and reasonable doctor would have done had they been in a similar circumstance following the existing medical standards. They will display the ways in which your doctor failed to act diligently, hence the malpractice.
Quantifiable proof of damages
Finally, you will be required to present quantifiable evidence of physical, emotional, or psychological harm or injury as a result of the doctor's negligence. It can be quantified by calculating the cost of medical treatment, physical or emotional pain suffered, the amount of income lost if you were unable to work during the treatment period, and other damages. Once the proof is verified, you may receive compensation in the form of medical malpractice recovery.
Medical malpractice cases are complex and require legal advice, numerous paperwork, and even an attorney. Seeking the services of a solicitor can ease the emotional stress involved in the process. A solicitor can also help you build a solid case and get compensation for the injury and harm suffered in the hands of a negligent doctor.