Medical negligence attorneys are hired when medical malpractice occurs and the patient has been hurt by a physician or another medical professional, who neglects to provide competent care. The laws concerning medical malpractice vary from state to state. These laws spell out when you must bring the lawsuit, to whether the doctor needs to be notified ahead of time. There are general principals in every state that apply to all medical malpractice cases. These include:
- Doctor-patient relationship existed
- Doctor was negligent
- Doctor’s negligence caused further injuries
Doctor-patient relationship existed
Medical negligence lawyers must help the patient to show there was a physician-patient relationship with the physician that is being sued. The doctor accepted this person as a patient and began treating them and this is fairly easy to prove.
Doctor was negligent
In order to sue for malpractice, the patient needs to show that the physician caused harm in such a way that another competent physician, under these same circumstances, would not have. Most states require that the patient present an expert in medicine to discuss the appropriate standard of care and explain how the doctor in this lawsuit did not follow that standard.
Doctor’s negligence caused the injury
It needs to be shown that it is “more likely than not” that this doctor’s incompetence was the direct cause of further problems. Again, an expert in medicine must testify that the physician’s negligence caused further problems or injuries.
Injuries led to specific damages
Even when clear that the physician works was below expected standards, the patient is not able to sue for malpractice if the patient did not suffer any further problems or harm. Example of the harm that patients can sue for include:
- Mental anguish
- Physical pain
- Additional medical expenses
- Lost earnings from lost work
Since expert witnesses are involved in proving a medical malpractice lawsuit it is important that medical malpractice attorneys have access to medical experts in each medical field.
