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Complete Guide to Medical Negligence Claims

By: Anapol Weiss

Medical negligence claims and compensation can help with medical bills, recovery, and to ease the burden of pain and suffering/ Fighting for your rights after you’ve been injured can seem like an insurmountable challenge, but armed with the right information and the help of an experienced medical negligence lawyer, you can get the compensation you deserve.

What is Medical Negligence?

Medical negligence is the reasoning or lack of care behind them that may qualify. In short, negligence occurs when a medical provider fails to take appropriate measures or adhere to accepted standards of care when treating you as a patient.

Medical negligence is not simply a misdiagnosis, an unsuccessful treatment, or a prescription for medication that causes side effects. These may contribute or factor into a medical negligence claim, but are not grounds for a suit on their own.

In the examples above, the medical diagnosis could be negligent if you’re misdiagnosed and the treatment injures you. If treatment was unsuccessful because it was not necessary, that could be grounds for a medical negligence claim. Finally, if a medication is prescribed and causes an adverse interaction with another medication, a court may see that as negligence.

How to Establish A Medical Negligence Compensation Case

There are several factors that must be proven in order to pursue a medical negligence claim. This helps establish liability and damages done, giving the court the clearest possible view of how medical negligence has affected your life:

  • Establish a professional relationship between you and the healthcare provider.

  • Prove that care was negligent.

  • Establish that negligence caused your injury.

  • Document damages done to you.

  • Gather evidence to support your claim.

A Professional Relationship Must Exist Between You And The Provider(s)

Before there can be any negligence, there has to be a relationship that establishes a duty for the provider to treat you in accordance with accepted medical standards and protocols. Someone who is not your doctor or responsible for your care has no liability for not treating you under most circumstances.

Prove That Care Was Negligent

Doctors, hospitals, and other healthcare providers operate under guidelines established by boards of health, federal regulatory agencies, and their own oversight within their practice and community. These establish a standard of care reasonable and knowledgeable providers are expected to maintain. When they fail to meet these standards, they are being negligent.

Establish That The Negligent Action Directly Led To Your Injury

Establishing negligence occurred is not enough. For your medical negligence claim to succeed, you have to have been injured by the negligence and be able to demonstrate the connection between the two. This can be challenging, often requiring not only your medical records but expert testimony and a thorough review of current policies and the latest research.

Document The Damages Done To You

If you were injured by medical negligence, the damages can be extensive. Lost wages, medical bills, rehabilitation costs, and more can all create a financial burden on the injured party or their family. In addition, pain and suffering caused by the injury can further affect the quality of life for an individual, requiring still more expenses for further treatment and therapy in order to adjust to their new normal.

Evidence To Support Your Medical Negligence Claim

In order to prove your case to a judge or jury, you’ll need compelling evidence that supports your claim.

  • Medical Records: These provide a valuable record of what treatments were performed on you.

  • Medical Policies: Whether from government regulators or a hospital’s own medical director, this established reasonable patient care standards.

  • Documentation Of Expenses: This provides proof of monetary damages and is often part of the basis for pain and suffering damages.

  • Personal Records: Diaries, social media posts, and videos can show the effects of the injury on your lifes.

  • Testimony: Experts can address the level of care you received while friends and family offer their perception of how the injury changed your life.

Making Your Case For Medical Negligence Compensation

If you think you’ve been injured and want to file a medical negligence claim, contact a personal injury attorney. Your attorney will talk to you about your case and how it’s affected your life. If you have a potential claim, they’ll help investigate the accepted standard of care, how it deviated from the care you received, and how that led to your injury.

Once your medical negligence claim is filed, your lawyer will be the point of contact between you and the insurance companies, investigators, and lawyers working for the defendant. Your case is our cause, and we’ll fight for the compensation you deserve. Call for a free consultation from Anapol Weiss today.