Turn on the television and you see attorneys touting their success. They recently won millions for Mr. Jones in a medical malpractice case. You see testimonials from satisfied clients and quickly begin to think about the experience you had with your own doctor.
Before dollar signs start dancing in your head, know that these cases are extremely rare. Not only do most states have a cap on medical malpractice, but negligence is not always so easy to prove. Because most medical malpractice attorneys work on a contingency basis, many will not take a case they don’t believe they can prove.
Knowing the elements of a successful case will help you decide if it is time to call a lawyer.
1. Relationship
You and your doctor must have a doctor-patient relationship. This is fairly quick and simple to prove. If they treated you, diagnosed you or were otherwise directly involved in your case, you had a relationship.
2. Standard of Care
Standard of care is a phrase thrown about frequently in medical malpractice cases. The ‘standard of care’ is what you could have reasonably expected to be provided by any similar doctor under the same circumstances. Doctors are expected to follow this standard of care at all times.
3. Connection to Harm
Your attorney must be able to show that your injury or illness was a direct result of the doctor’s negligence or error. It is not enough that you had complications or became ill; you must be able to prove to a judge or jury that the doctor’s actions were the cause.
4. Injury
You can’t sue a doctor for medical malpractice for no reason. You must have suffered an illness, injury or harm as a result of the doctor’s actions. Your attorney will likely ask doctors to testify on your behalf to help prove that you were indeed injured.
A medical malpractice case is not always simple. If you believe that you were injured at the hands of a doctor, call our office. A member of our team will review the details of your case and help you determine if it is in your best interest to move forward. Call now or browse our website for more information about our firm and how we can assist you.
