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The Basic Requirements of a Medical Malpractice Claim

Written by Berkowitz

Connecticut's Medical Malpractice Attorneys - Berkowitz and Hanna LLCMedical malpractice claims in Connecticut can be challenging. Despite the fact that medical negligence by hospitals and other medical professionals is widespread in the country, there remains a bias toward the doctors and one against injured patients. These presumptions often favor the medical provider and they are difficult to overcome – which is why it is important that anyone filing a malpractice claim have the right evidence to support such claims. These elements must be proven in order to establish malpractice and ensure that a judge or jury would also overcome any preconceived notions they may have.

Establishing a Doctor-Patient Relationship

The most important element in a medical malpractice claim is the presence of a patient-doctor relationship. This can be complicated, especially if your care was overseen by a general practice or by multiple physicians. However, at its core, this element simply requires that you prove you had a relationship with a particular physician by showing that they provided you with medical treatment. A physician that consulted another physician in an informal capacity is not considered satisfactory of the element.

Breach of the Standard of Medical Care

This is the second most important element and it is what establishes that the physician acted negligently. Medical negligence can be difficult to prove and simply being dissatisfied with your treatment or outcome doesn’t necessarily mean negligence occurred. Instead, you must establish that the physician breached the standard of medical care. That means the doctor did not reasonably act or use competence that another physician in the same position would have used.

Establishing an Expert’s Medical Opinion

This is where an attorney will assist you with your claim. Your attorney will enlist the help of a medical expert to see if they would have acted differently – which also helps establish that your physician breached the standard of care. Typically the medical expert is a physician that practices in a similar area of medicine so that they can adequately assess their colleagues’ behavior and actions. The expert will then determine if a breach of care occurred or if they believe no negligence occurred.

Showing that Negligence Caused Injuries

Just because a physician acted negligently still does not mean you have a claim. You must also prove that the physician’s negligence is what led to your specific injuries – that means you suffered some sort of injury because of the physician’s breach of care. If you did not suffer any injury, you do not have a valid medical malpractice claim.

For example, your physician failed to diagnose cancer. By the time it was discovered, it was too late to receive proper treatment. Instead, you were forced to endure longer, more painful treatments without the same results you would have had if the diagnosis was reached sooner. In this case you suffered injury due to the doctor’s negligence; therefore, you have a medical malpractice claim.

Speak with a CT Medical Malpractice Attorney

Even with all of the elements present, the burden of proof falls on the plaintiff (you). Therefore, you need an attorney that has experience handling these types of claims. Contact Berkowitz and Hanna LLC today to schedule a no obligation case evaluation. Call 866-479-7909 or contact us online to get started.