When a loved one dies, the doctor may just tell you, “I’m sorry, but we tried our best.” But what if you noticed that it could be the doctor’s fault? If the patient was harmed due to the incompetent performance of the doctor, you can file a medical malpractice lawsuit.
Things to Prove
There are important things to show and to prove that medical malpractice did occur.
First you must prove that you and the doctor you hired have a physician-patient relationship. This is easy to prove, unless the doctor did not treat you directly. You simply have to prove that you hired that particular doctor and he or she agreed to be hired. If a doctor simply gave you suggestions in what to do with your health condition over diner, it won’t be considered a physician-patient relationship.
Next, you should prove that the doctor was indeed negligent. You must prove that the doctor was negligent in treating you or even in giving you your diagnosis. Just because you are not satisfied with the doctor’s services doesn’t mean you could sue for medical malpractice right away. You must prove that the doctor who you are suing is negligent and less competent compared to another doctor who is faced with the same situation. A doctor must always be reasonably skilful and careful. Proving the doctor otherwise is one of the most important things in a medical malpractice lawsuit. The patient should have an expert to explain how the defendant was negligent.
Patients are basically already sick or injured. To prove negligence, you should prove that it was the doctor’s incompetency that caused the patient’s further sickness or injury. For example, you must prove that it was indeed the doctor’s negligence that led to the death of your loved one who was suffering from a serious health condition.
Doctor’s Negligence Should Lead to Harm
Even if it was clear that the doctor was negligent or incompetent, as long as the patient was not harmed you can’t sue for medical malpractice. Here some harms for that the patient can file for medical malpractice case – physical pain, mental suffering, additional medical costs, and losing the capacity to work and earn.
To help you prove your medical malpractice case, it is best to consult or hire a lawyer.