Upper Darby Medical Malpractice Attorney – How to Prove a Claim
Medical malpractice happens when a patient is hurt by a medical professional or doctor because he failed to perform his medical duties. There are certain rules to follow when planning to file a malpractice claim because the laws can differ depending on the state. An experienced Upper Darby Medical malpractice attorney can help with building a defense to prove your claim in court.
Personal injury victims must be able to show certain things to prove their case. A doctor-patient relationship must exist for a plaintiff to file a claim. This means that you hired the doctor and he agreed to be hired. For instance, you cannot sue a doctor because you overheard him giving advice to someone else and decided to use it. You have to prove the relationship from appointment visits and following treatment plans.
Negligence can be hard to prove, but plaintiffs have to show negligence on the part of the physician. A patient not being happy with the results or treatment does not make a doctor negligent. It has to be proven a doctor was not careful and skillful in his treatment or diagnosis. The patients also have to show the physician caused harm in a situation where a competent physician would have better results. Medical care is not required to be the best possible but must be reasonably careful and skillful. The heart of a malpractice claim is whether the physician was reasonably skillful and careful. Most states require the plaintiff to present a medical expert who can explain what standards are considered reasonably skillful and careful for your case.
Many patients come to their physician already injured or sick. There are questions about whether what the doctor did actually caused harm. If a patient dies after treatment for breast cancer, it is hard to prove that the physician caused the death instead of the cancer. Plaintiffs have to prove the physician’s incompetence was more likely than not what caused the death.
can assign an experienced lawyer to review the facts of your case. Personal injury victims should get legal advice as soon as possible. An Upper Darby Medical malpractice attorney understands their client is going through an emotional time and is willing to provide personalized services.