How Do I Know If My Injury Constitutes Medical Malpractice?
The injured patient must then prove that the health care provider`s breach of the standard of care was a proximate cause of the injuries to the patient. In other words, there must be a close connection between the action of the health care provider and the harm to the patient. Finally, you have to show what damages resulted form the alleged mistake. This may include medical bills, lost wages, pain and suffering, etc. Ordinarily, unless a health care provider`s conduct is readily recognizable by a layperson as causing the patient`s injury, expert opinion testimony is required before it can be inferred that the health care provider`s want of skill or care, if any, was the legal cause of the patient`s injury.
Medical malpractice claims are very difficult to prevail in and are also extremely expensive partly due to the need for qualified expert review and testimony. In fact, every medical malpractice action must be reviewed by a tribunal consisting of a judge, a lawyer and a physician to determine whether the evidence submitted is sufficient to raise a legitimate question of liability appropriate for judicial inquiry or whether the plaintiff`s case is merely an unfortunate medical result. The panel`s findings and expert testimony are admissible at trial. If the panel finds against the claimant, the claimant must post a $6,000 bond for the payment of the defendants` costs if the claimant is unsuccessful at trial as well.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Medical Malpractice Articles
- What Happens If I Am Injured In The Course Of Medical Treatment?
- Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
- Who Can Be Held Accountable For The Medical Malpractice?
- Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- What Damages Can Be Recovered For Medical Malpractice?
- How Can I Determine How Much My Claim Is Worth?