If you visit a doctor for any reason, you are entitled to receive a certain level of care. If the medical professionals who are charged with your care do not perform their medical duties to a level commensurate with reasonable expectations, you may want to consider filing a medical malpractice claim. Medical malpractice occurs when a healthcare professional does not provide a proper standard of care, and either through negligence, misconduct, or mistake, causes injury or death to a patient.
How Do You Know If You Have A Claim?
In order for any claims for medical malpractice to be valid there are a few basic prerequisite facts that need to be proven by the claimant. To begin with, you must show that an actual doctor-patient relationship existed. An experienced medical malpractice attorney in Fayetteville will be able to advise you on the best way to prove that this relationship existed.
General displeasure with treatment or a treatment outcome alone is not grounds for a claim. You must prove that the doctor was negligent in the course of diagnosing or treating you. Thus, negligence or mistake in the diagnosis or treatment that caused you harm is required for a valid malpractice claim. The harm that resulted must be evident and directly related to the doctor’s actions. For instance, if a patient has cancer and the doctor’s treatment failed to cure that person of cancer, then the person’s fate is not a product of the doctor’s negligence, but a natural consequence of the disease.
If it is proven that an injury has occurred, then the type of damages you will claim must be determined. These can include additional medical bills, physical pain, death, lost wages or mental distress. If no harm was suffered, then there are no grounds for a malpractice claim.
Making medical malpractice claims against a doctor or hospital will likely be a complex and drawn out affair. The process involves a lot of bureaucracy
and legal procedure that is simply difficult to navigate for the layperson. If you feel you have a claim for medical negligence, it might be a good idea to contact a Fayetteville medical malpractice lawyer. Call (770) 467-3372 today for a free, no-obligation consultation with an experienced attorney at Richard D. Hobbs & Associates.