When going to the doctor’s office, we expect to receive high-quality treatment and care. However, doctors can make mistakes. When a medical error occurs, they can lead to devastating and life-threatening injuries. In fact, over 250,000 people die each year from medical errors making it the third-highest cause of death in the United States.
Requirements for filing a malpractice claim
If you wish to file a complaint against a physician, some basic medical malpractice requirements must be met. You need prove the following elements to have a valid claim:
- Your physician was careless: You must have proof that your doctor was negligent when they treated or diagnosed you. You also might need to show how a capable physician would not have made the same mistake. Getting an expert witness to testify might be beneficial for you. Expert witnesses can testify as to the standard of care a doctor should provide.
- Your injury was due to negligence: Simply having evidence that an injury occurred may not be enough proof to win in court. There needs to be a connection between your injury and the doctor’s negligent actions.
- You have a lasting injury: The court may require proof of your injury when filing a claim. Evidence of lost wages and medical bills will help support your claim.
To file a claim successfully, you may also need to prove that a patient-physician relationship existed when the medical error occurred.
What are some common medical errors?
Countless instances could turn into a malpractice lawsuit. Some of the more common medical malpractice claims surround:
- Misdiagnosis
- Missed diagnosis
- Unwarranted procedures
- Prescription errors
- Early patient release
Countless more examples of medical malpractice exist. You could still have a claim if your physician’s specific error is not listed.
It can be challenging to file a medical malpractice lawsuit on your own. Seeking the help of a knowledgeable medical malpractice attorney can give you time to recover.
