3 Requirements For Filing A Medical Malpractice Case

Law Blog

If you have been injured by a doctor or hospital, you may be able to file a lawsuit. This can help you recover your financial losses and is an ideal way for you to be compensated for your pain and suffering. However, before you can take this serious legal action, you must be able to prove certain things that happened during this time.  By knowing what you need to file this type of legal claim in advance can prepare you for what to do.

Requirement #1: Relationship Existed

You must be capable of proving that a doctor and patient relationship occurred. If you're suing a hospital, you must additionally be able to show that you stayed in this facility for a specific amount of time.

One way to do this is by presenting a medical bill that you received from your medical provider or by showing a form that you may have signed for consent. It's important to understand that you couldn't bring a lawsuit against another company or individual because of something you heard. You must have proof of visiting this provider at some point.

Requirement #2: Prove Negligence

In order to legally be capable of suing your physician, you must prove this individual was negligent in some way. This doesn't mean that you can take a legal action against a doctor because you were unhappy with the service your received or because you felt as if you were overcharged.

Listed below are some of the reasons you may sue for negligence:

1.  You were misdiagnosed for your medical condition.

2.  You were given the wrong type of medication for your specific ailment.

3.  You were physically injured while seeing your doctor or staying in the hospital.

Requirement #3: Specific Damages

The reason most people file a lawsuit is because the treatment that was received led to more damages. Some of the types of these damages are listed below:

1. Pain – Being in physical pain can greatly diminish your quality of life.

2. Emotional anguish – If your mental health was negatively affected by your injury.

3. Medical bills – You should be able to reimburse any and all healthcare costs

4. Lost wages –The time you missed from work should be recouped during the lawsuit.

Being able to get the justice you deserve can be achieved by taking legal action against a doctor or hospital. Be sure to rely on personal injury lawyer (like those at Elliott & MacLean LLP) to help guide you through this process.


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