Many people feel mistreated by their doctor or medical professional. However, this feeling alone does not constitute a medical malpractice lawsuit. There are a few factors that must be present in order to determine if the doctor or medical professional was truly at fault for your injury or illness. These factors will also determine whether or not you will be able to receive financial compensation for your damages.
For a successful medical malpractice lawsuit, the first thing that must be proven is the relationship between the medical professional and the injured or ill person. This means that the doctor agreed to be hired by the patient. If someone is just giving you medical advice, they do not count as a doctor. This must be a medical professional that you have hired as a healthcare provider. In most medical malpractice cases, this doctor-patient relationship is one of the easiest things to prove.
In order to prove whether or not a doctor was negligent, the standard of care will be questioned. If the medical standard of care was not breached, then the doctor is not in the wrong and a medical malpractice lawsuit will not be successful. To learn more about the medical standard of care, refer to the “What is the standard of care?” [LINK] page within this medical malpractice guide. This means that you cannot sue your doctor just because you are unhappy. While the patient-doctor relationship is one of the easiest things to prove, negligence and breaching the standard of care can be one of the most difficult, but ultimately the most important.
The Reason for Injury
Once it has been proven that the doctor was negligent and breached the standard of care, it must be proven that this negligence is ultimately what led to the injury or illness. This can be a tricky step in the process. With the nature of medical malpractice, most patients that find themselves in these situations were already injured or ill before the negligence occurred. It must be proven that the new injury or illness is not due to the conditions that were present before the breach of the standard of care. In medical malpractice cases, it must be proven that if the doctor had not been negligent in some form or fashion, that the patient would be healthier and that the new injury or illness would not have occurred.
There was some sort of harm.
This may go without saying, but in successful medical malpractice cases, the patient must prove that there was some sort of harm done to them, outside of the normal conditions that they would have suffered before visiting the doctor or medical professional. Being an uncaring or below average doctor does not constitute a lawsuit. Just because the patient is not getting healthier or is not happy with the care that they are receiving from this healthcare provider also does not constitute a lawsuit.
Harm resulting in an injury or illness must have been done to the patient. This can come in many different forms including mental anguish, excess medical bills, physical pain or aguish, lost income, etc. To help better understand this point, you must think about what you would want to receive from this type of lawsuit.
If a patient is asking for some sort of financial compensation due to medical malpractice, they must prove that it is deserved. Have you had to pay extra medical bills? Do you believe that you deserve compensation for your pain and suffering? Have you had to take time off of work and lose wages due to this injury or illness? These are questions that will be asked when determining financial compensation.
While all of these things may seem like a lot to prove, it is not something that a patient should stress over. If you truly believe that your doctor breached the standard of care and injured you in some way, you deserve financial compensation. However, this can be very difficult—nearly impossible—to do on your own. Instead, you need to contact an experienced St. Louis personal injury attorney as soon as possible in order to be successful in this case.
At Finney Law Office, LLC, we want to help you be successful. This has been a stressful and overwhelming time for you, and we want to help you feel more confident moving forward in your case. The medical malpractice process can be a very confusing and daunting process. This is a time that you should be focusing on healing and returning to work, not paperwork and legal tasks. By hiring an attorney like the ones at Finney Law Office, LLC, you can feel confident enough to put your focus into relaxing and healing.
In the meantime, continue to explore this medical malpractice guide. If you have any further questions or would like to set up a consultation, call one of the experienced medical malpractice attorneys at Finney Law Office, LLC today.
Medical Malpractice Guide:
- Medical Malpractice Guide Homepage
- What is the standard of care?
- Who can medical malpractice lawsuits apply to?
- How to Avoid Medical Malpractice
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