Basic Requirements for a Medical Malpractice Claim
Posted by Brake Law Firm on September 12th, 2019
Medical malpractice happens when a medical professional or hospital or other medical facility fails to competently perform their medical duties and causes an injury to a patient. In such cases, patients can file a claim with the assistance of a medical malpractice attorney in Denver. However, some basic requirements must be met before filing for a claim. Here are a few requirements you need to meet to prove that medical malpractice occurred:
The existence of a medical professional-patient relationship
You must prove that you had a physician-patient relationship with the professional you are about to sue. This means that you need to show that you hired them and they chose to be hired. If the medical professional treated you and you visited them frequently, proving medical malpractice becomes easier.
The medical professional was negligent
You can’t sue a medical professional just because you aren’t happy with the results or treatment. The professionals involved must be negligent and accountable for the harm you suffered. You need to show that a capable professional would not have injured or harmed you under the same circumstances. It is often hard to prove the negligence of a medical professional. But a medical malpractice defense attorney in Denver will help you gather facts and evidence against the responsible professional.
The medical professional’s negligence led to harm
As many medical malpractice cases involve patients who were already injured or sick, it’s often questionable if the medical professional’s negligence caused harm to the patient. For instance, if a patient dies after undergoing treatment for lung cancer, and the medical professional somehow was negligent, it will be hard to prove is the death was caused by the doctor's negligence or lung cancer. You must have a medical expert or medical malpractice defense attorney to testify that your injury was a result of the doctor’s incompetence.
You must suffer damage
Even if you proved that the medical professional was negligent, you can’t sue them for medical practice unless you prove that you suffered harm. Common types of harm for which patients can sue are physical pain, mental anguish, lost work, lost earning capacity, and additional medical bills.
Bottom line
If you or your loved one has suffered an injury or harm due to negligence of the medical professional involved, you can file a claim and get what you deserve. The process of claim is time-consuming and this is why the best course of action is to hire a medical malpractice attorney in Denver.
