There are many great physicians who work diligently and intentionally to provide the best care to their patients. However, there are also those who cause undue suffering due to neglect.
Thankfully, those patients and their families may seek reparations if they can successfully prove their cases. There are a few important factors in determining if a medical malpractice claim is viable.
Definition
Medical malpractice occurs when physicians do not provide a proper level of care in their professional capacity. The medical malpractice laws provide an in-depth breakdown of the different aspects of medical malpractice. In short, in order to prove it, patients must show that the physician did not meet the reasonable standard of care, either by the means they utilized or by services they did not render.
Damages
The types of damages that parties may seek depend upon the classification of the claimant. When patients file for themselves, they may claim lost wages, medical bills, and more. If the patient dies and the family files, they may seek additional damages, such as loss of life, loss of quality of life, and pain and suffering. Reviewing the law can help claimants to choose the damages that fit their cases.
Evidence
Proper evidence is critical to any malpractice case. Especially in cases where the defense tries to claim that the harm was natural or unavoidable, the right evidence can disprove the defense and solidify the claim. Medical records directly from the physician and the hospital are important in these cases. Photos or video footage, and eyewitness or expert witness testimony may also be beneficial in building a solid case.
These are a few key things to keep in mind when determining if a medical malpractice claim can be successful. For those who believe they have a quality case, it would be best to consult with a knowledgeable attorney and determine the best course of action.
