Those considering filing a medical malpractice claim may wonder what they need to prove. Legal claims come down to establishing a physician’s negligence and that the client suffered harm resulting from the error. Below is an explanation of the factors to be proven in a medical malpractice claim.
The Doctor/Patient Relationship
The first factor to prove is the existence of a doctor/patient relationship, which gives doctors the duty to provide competent, circumstance-based care. Generally, this element is one of the easiest to prove. If a doctor agreed to provide treatment or a diagnosis, the relationship has been established.
Proof of Negligent Care
The issue is typically whether, in providing care, the doctor acted with the same level of care and skill that a similar physician would have used under the same circumstances. This is referred to as the standard of care, and it is a critical element in a medical malpractice claim. In establishing a care standard, the doctor will be compared with other similar physicians, and a medical malpractice attorney in Baton Rouge LA may demonstrate how the doctor failed to provide care in accordance with the standard.
A Connection Between the Doctor’s Negligence and the Patient’s Harm
It is insufficient to prove that a doctor made a mistake that other doctors would have avoided. A patient must prove that a doctor’s actions or failure to act caused a condition to become worse. Here, the client must prove that his or her injuries cannot be attributed to any other cause, but to the poor care received from the physician.
The final element of a malpractice case is to prove that the patient suffered damages from the doctor’s negligence. In these claims, damages may include the cost of other medical treatments, as well as income lost. Additionally, a plaintiff may be eligible for pain and suffering damages they have endured because of poor medical care.
Medical malpractice plaintiffs face some unique legal challenges, depending on location. Some claimants must go before a review board and file a certificate of merit. Medical malpractice rules vary by jurisdiction, and even a straightforward case may involve complex legal and medical issues. Therefore, the first thing a client should do is contact us to speak to a Medical Malpractice Attorney in Baton Rouge LA who can determine the validity of the claim.
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