Essentials of Proving a Medical Malpractice Claim

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : medical malpractice lawyers

Just like any other person, doctors are humans too and we cannot expect them to be perfect at their job and completely cure our medical problems. However, what you can expect is that they have a certain level of competence to make correct medical judgments about their patients. When a medical practitioner fails to maintain this standard of care, and their negligence causes damage (injury, illness, short- and long-term disease, etc.) to a patient,s health, the patient can file a lawsuit to receive compensation under medical malpractice.

However, proving medical malpractice is quite difficult, and requires the help of an experienced lawyer. There are a few basic requirements that you must fulfill before you can file for a medical malpractice claim.

Proof of Physician-Patient Relationship

The most basic requirement is that you must be able to show a proof of the doctor-patient relationship with the physician. This is obvious because if you are unable to prove that you consulted the doctor before, you cannot sue them for medical malpractice. You can use prescriptions, signed medical reports, hospital patient records, and similar items as proof. However, you cannot sue a doctor who gave you medical advice in a casual meeting, like at a party.

Proof of Doctor,s Negligence

If the results of a medical treatment are not as you expected them to be, you cannot hold the doctor liable for medical malpractice. You must be able to show that the doctor had been negligent in the diagnosis or treatment of your condition, and that if any other competent doctor had treated you, the outcome would not have been the same. Your lawyer will have to present a competent medical practitioner who can prove that the doctor,s diagnosis or treatment was out of line with the medical standard of care in your case.

Establish a Connection of Doctor,s Negligence with your Injury

It becomes quite difficult to prove that doctor,s negligence actually caused the injury, especially when the plaintiff already has another disease. For example, if a patient suffers from acute kidney failure due to a doctor,s misjudgment or mistreatment when they had colon cancer, it will be hard to prove that the kidney failure occurred due to the doctor,s negligence. In such a case, the medical malpractice lawyer should present a testimony of a medical specialist that the case was mishandled by the accused doctor.

Compensation for Damages due to Medical Malpractice

If you have successfully proved that the damages you incurred are due to doctor,s negligence, you may be compensated for some or all of the following:

  • Medical expenses
  • Pain and suffering
  • Lost wages for missed work days
  • Loss of earning capacity
  • Emotional distress
  • Loss of companionship
  • Disability and disfigurement
  • Loss of household services

If you think that you or your loved one is a victim of medical malpractice, you should consult a reliable medical malpractice lawyer to determine your legal options. Contact Fisk & Monteleone LTD. today at 815-209-9030 to schedule a free case consultation with one of ourĀ experienced Rockford medical malpractice lawyers.

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