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Understanding the Special Requirements in a Medical Malpractice Case

Written by Berkowitz

medical malpractice Medical malpractice claims are often complex and challenging. Despite the fact that negligence and preventable medical errors are widespread in the United States, there is a natural bias toward doctors and against injured patients. The presumption that the physician or healthcare professional is often innocent makes entering into these types of claims that much more difficult – but not impossible. With the right legal counsel, you can hold a negligent physician responsible for his or her actions.

In order to file a malpractice claim, however, you must prove that there was malpractice. This is done by meeting the special requirements of the law.

Establishing a Doctor-Patient Relationship

The first and most important requirement is that you must be able to establish that there was a doctor-patient relationship. Without this, you cannot sue a physician for malpractice. Unfortunately, proving a relationship can be more complex than you might realize. That is because malpractice claims often involve numerous healthcare professionals and medical services – and any one of those chains could be the cause of the patient’s injury. At its very basic level, the doctor-patient relationship can be proven by showing that the physician who caused your harm was actually treating you.

The Breach in the Standard of Medical Care

The second most important element is that there must be a breach of the standard level of medical care – meaning that the doctor’s error was negligent. Medical negligence is not easy to establish. Instead, you must show that the physician or healthcare provider did not act within the standards of his or her profession, and failed to act competently or reasonably while administering your care.

Establishing an Expert Medical Opinion

In order to prove that the defendant breached the standard of medical care, you must have an expert witness who testifies to how a competent and reasonable physician would have acted in a similar situation. That means interviewing a physician from a similar medical field. Therefore, if your cardiac specialist committed the error, you would need to consult with another cardiac specialist to assess how he or she would have reacted in a similar case.

Establish That Negligence Led to the Injuries

Most importantly, you must establish that the physician’s negligence is what led to your injuries.  If you did not suffer any injuries, there is no claim for malpractice. Some injuries and damages in these types of cases can include:

  • Disfigurement
  • Permanent disability
  • Physical pain and suffering
  • Emotional stress
  • Future medical costs

There are Important Deadlines – Contact a Malpractice Attorney Right away

Do not delay in filing a medical malpractice claim. The law limits how long you have to file; therefore, you need to contact a medical malpractice lawyer in Connecticut as soon as you suspect an injury. Berkowitz and Hanna LLC has helped numerous patients just like you receive damages for their injuries. We hold physicians and healthcare workers to their standard of medical care. Contact Berkowitz and Hanna LLC today to schedule a no-obligation case evaluation. Contact us online to get started.