If you have had a doctor or other licensed healthcare professional not give you reasonable care, or was simply negligent, or had a person falsify his or her credentials in order to get you to believe that he or she was a licensed healthcare professional, then you can possibly sue for medical malpractice. However, there are certain requirements you will have to meet or present to the court in order to launch a successful medical malpractice case. Throughout this brief guide, you will learn of just a few of those requirements.
Damages refers to quantifiable proof that you were harmed by the potential defendant in the case. Essentially, this means providing documentation of all of the financial woes that have occurred to you due to this act of medical malpractice. Among the documents that you can provide include documentation of any further medical bills that you have had to pay due to the healthcare professional's gross negligence, any therapy you had to have undergone in order to rectify the mental or emotional trauma you have had to endure due to this situation, or documentation of time you have had to take off from work.
Existence of Doctor-Patient Relationship
The existence of doctor-patient relationship does not necessarily refer to the relationship between you and a doctor, but rather you as a patient and any licensed healthcare professional. The existence of this relationship is generally not difficult to prove, especially if the healthcare professional in question is a doctor. Essentially, if a doctor agreed, sometime in the past, to either provide treatment to you for an ailment or simply even diagnose you, then a tacit consent exists between both parties that there was a doctor-patient relationship. This can easily be proven by documentation of a bill.
Negligence As Harm
You must be able to prove that the doctor's actions (or lack of action) was the direct cause of your ailment or exacerbation of your already existing condition or injury. This usually requires you to prove that some form of treatment, or an inadequate or negligent service was rendered to you, by way of diagnosis through other medical professionals.
Experiencing medical malpractice can be a tumultuous experience. If you believe you may be the victim of medical malpractice, it is highly recommended that you seek out the services of a local medical malpractice attorney, such as R.J. Marzella & Associates, P.C., as soon as possible. Hopefully, this brief guide has shed some light on the burden of proof that will be placed upon you in such case.