If you believe a medical professional has made an error in treatment or has misdiagnosed your condition, and as a result, your well-being has been affected, you may have a medical malpractice suit on your hands. However, these cases can be complicated because a simple mistake is not always malpractice. If you do believe you have a case, you will need to consult with a medical malpractice attorney. In most cases, you need to meet the following criteria for the error to count as medical malpractice.
You Have or Had a Professional Relationship with the Doctor
You cannot sue someone for medical malpractice if you were not his or her patient. You must be able to prove that you were the patient of the person whom you are suing.
That Doctor Committed a Breach of Accepted Medical Care
Next, you have to prove that the doctor did something that can be categorized as medical negligence. This means that he or she did something that falls below acceptable medical care. It could be the treatment done, a decision made about your health care, or the failure to act. A medical malpractice attorney is often needed to determine this because in many cases it can be very difficult to prove such a breach of acceptable care has occurred.
Your Health Was Negatively Affected by this Breach
Once your medical malpractice attorney has determined that you can prove medical negligence, he or she then has to prove that said negligence negatively impacted your health. If no causal connection can be determined and proven in court, you will most likely lose the case. You must be able to prove that quantifiable harm occurred because of these actions or inactions. The medical experts at Evans & Evans Attorneys at Law have worked on a number of these cases, and they will be able to determine if you have a case before you spend the time and money on a lawsuit.
