Medical negligence is the third leading cause of death in the United States,
according to the
Journal of the American Medical Association (JAMA). Still, a
medical malpractice claim can to meet the necessary burden of proof over supplemental details,
such as gaps in paperwork or inadequate expert testimony.
There are, however, several ways that you can protect your claim from being
dismissed over frivolous details. The first four address those factors
that you and your medical malpractice lawyers need to prove:
- First, that a doctor-patient relationship existed. As basic as it sounds,
you must demonstrate that the physician against whom you’re filing
a claim was, in fact, your doctor and that he or she was treating you.
- Second, that the doctor was negligent in some way. Doctors are not expected
to be perfect, but they are required to meet a standard of being “reasonably
skillful and careful.”
- Third, that the negligence caused the injury. It must be clear that the
specific injury in question was caused by the doctor, and not some other
part of the illness or condition for which you were being treated.
- Fourth, that the injury caused certain damages, be it pain, mental anguish,
medical bills, or decreased earning capacity.
Medical malpractice attorneys in our Cleveland office can help you with
the other factors and build a strong case on your behalf.
Chris Mellino specialized medical knowledge, exceptional trial skills, and superior
negotiating talent to obtain full and fair compensation for clients. We’ve
also written the book on medical malpractice. Request your free copy
contact us for a free consultation.