What You Need to File a Medical Malpractice Lawsuit
When a doctor, or other medical professional, harms a patient through negligence and fails to uphold the standard of care, this is known as medical malpractice. To prove that a patient was a victim of medical malpractice, there are some basic requirements that must be satisfied.
- A doctor-patient relationship existed: If a physician did not directly treat an individual, or offered informal advice, there may not be an established doctor-patient relationship. If a patient was being directly treated by a doctor, it is usually straightforward and easy to prove this.
- The doctor acted negligently: Being unhappy with a doctor’s treatment or the results of said treatment does not mean there is a viable medical malpractice case. For a patient to sue a doctor, he or she must be able to show that a doctor was incompetent or negligent and that another doctor, given the same circumstances and background, would not do the same.
- The doctor’s negligence caused the injury: A patient must be able to show that it is likely a doctor’s incompetence directly caused the injury. Since many victims of medical malpractice often suffered from some kind of ailment prior to a doctor’s actions, it may sometimes be tricky to prove that it was the doctor’s actions that caused harm and not the patient’s own condition. Medical experts will be able to help prove this.
- The injury resulted in damages: It is not enough to simply show that a doctor was negligent. A patient can only sue for medical malpractice if there was harm, including physical pain, mental anguish, additional medical costs, and lost earning capacity.
Additionally, all states have a statute of limitations, requiring that victims of medical malpractice file their claims within a specific timeframe. In Pennsylvania, the statute of limitations is two years, though there are some exceptions.
At Morris Wilson, P.C., our Montgomery County medical malpractice attorneys have years of experience in handling a variety of medical malpractice cases. Our goal is to help our clients obtain financial security that will help aid them through their future medical care, therapy, or other rehabilitation bills.
Call us today at (610) 810-2082 to schedule a free consultation.