Medical malpractice cases are very difficult to prove. It is important to have an effective malpractice attorney. Medical malpractice occurs when a patient is injured or dies as the result of a medical professional’s negligence. The Plaintiff has the burden of proving the medical professional or facility was incompetent in performing their duties.
The Plaintiff must show the following elements to prove medical malpractice:
* a doctor-patient relationship existed
* the doctor was negligent
* the doctor’s negligence caused the injury
* the injury led to specific damages
A doctor-patient relationship means the plaintiff hired the doctor, and the doctor accepted the case. For example, a doctor friend who gives someone medical advice in the mall cannot be sued. If a doctor treats someone on a regular basis, it is easy to prove the relationship. A Phoenix Medical Malpractice Attorney helps the plaintiff prove the doctor was negligent. The legal standard is that the doctor caused harm another doctor would not have in the same situation. Further, it must be shown that the doctor’s care was not “reasonably skillful and careful.” In almost all states, a medical expert is required to testify as to what standards of treatment show “reasonable skill and care” in a particular case. Attorneys at the Robert Ramirez Law Office believe doctors make mistakes like anyone else. They offer free consultations to injury victims.
The plaintiff is also required to show the doctor’s liability “more likely than not caused the injury. This is often hard to prove because patients are already sick or injured. For example, if someone is terminally ill, it is nearly impossible to prove it was negligence, rather than the illness, that resulted in the patient’s death. The Phoenix Medical Malpractice Attorney must show the patient has certain damages like physical pain, mental anguish, additional medical bills, lost wages and lost earning capacity. The most common types of malpractice cases involve failure to diagnose, improper treatment and failure to warn a patient of certain risks. Medical malpractice is a complicated area of personal injury law. That is why a victim must have the best representation possible.
