What Do You Have to Prove in a Medical Malpractice Claim?
When something goes wrong in a hospital, doctor’s office, or other medical clinic, the harm you suffer may be inconvenient and temporary. Other times, though, the damage can be life-threatening and in the worst of cases, victims of medical malpractice do not survive the event.
If you or a loved one has been hurt by medical negligence, you may be able to file a claim against the offending doctor or other healthcare professional. Proving these cases is extremely difficult, though. Below, our Knoxville medical malpractice attorney outlines the four elements of your claim you must be able to prove.
A Doctor-Patient Relationship Existed
The first element of your case you must prove is that a doctor-patient relationship existed. This does not mean that only your family doctor or a physician you see regularly was responsible for the medical negligence. It simply means that you must show that you needed care and a doctor agreed to treat you. Entering an emergency room, for example, is often enough to establish that a doctor-patient relationship exists because the doctors there have already agreed to treat patients who come into the hospital.
The Healthcare Professional was Negligent
You must show that the healthcare professional who is liable for your injuries exhibited medical negligence. Proving this requires you to show that the person responsible for your injuries did not provide the proper standard of care that another doctor would have. This typically requires you to submit a “Certificate of Good Faith.” This certificate is essentially a statement from another healthcare professional in the same field as the negligent party. The statement must show that the healthcare professional did not provide the necessary standard of care, essentially proving they were negligent.
There is a Direct Link Between the Negligent Act and Your Injuries
An act of medical negligence is not enough to claim the financial compensation you need. For example, someone who is already very sick may pass away during an operation. That will cause the question to arise as to whether they passed away from their serious condition, or from medical negligence. Proving that negligence caused a patient’s injuries is one of the most difficult elements to prove in any medical malpractice claim.
You Suffered Damages Due to Your Injuries
Medical negligence may have occurred but if you were not injured or sustained losses, carelessness is not enough to file a claim. For example, you may have waited too long in an emergency room, which could delay the treatment you need. While annoying and inconvenient, if your injuries did not become worse during this time, you may not have a valid claim.
Our Medical Malpractice Attorney in Knoxville Can Prove Your Case
Proving a medical malpractice case is never easy. Our Knoxville medical malpractice attorney at Atkins Brezina, PLLP know how to prove every legal aspect of your claim so you obtain the full compensation you deserve. Additionally, our seasoned attorney also works with an MD/JD who can advise on both the medical and legal elements of your case. Call us now at 865-500-3121 or contact us online to schedule a free consultation and to learn more about how we can help you claim a full settlement.
Sources:
tn.gov/health/health-professionals/hcf-main/filing-a-complaint.html
law.cornell.edu/wex/negligence
