Surprisingly, as per the Journal of the American Medical Association, medical malpractice or negligence is the third leading cause of death in the U.S. In fact, a study found that nearly over $3 billion payouts were due to medical malpractice. Sounds alarming, right?
But not every bad outcome can be attributed to medical negligence. So, what is the exact requirement for filing a medical malpractice claim? Let’s find out now!
Medical Malpractice Claim- What do You Need?
If you want to prove that you are a victim of medical negligence in Milwaukee, you must validate the following things.
There was a patient-doctor relationship- There must be a document that confirms you consulted the doctor. For instance, you can’t sue anyone if you overheard them giving any sort of advice at a party or conference.
The doctor made a mistake while treating you- Just because the outcome was not as per your liking does mean that the doctor is liable. You must prove his/her negligence. Ideally, you can win a medical malpractice claim under the following circumstances:
- Diagnosis failure/ delayed diagnosis/misdiagnosis
- Surgical errors
- Anesthesia issues
- Monitoring failure
- Prescription drug issues
In other words, you need to prove how the doctor deviated from standard medical practices.
The negligence caused an injury- The patient must prove that they are facing an injury because of the doctor’s incompetence. In other words, you must have someone (a medical expert) to testify that the doctor’s negligence led to an injury.
The negligence led to some specific injuries- Even if you think the doctor did something below standards, you can’t sue them for everything. You can sue them only under the following circumstances.
- There is physical pain.
- There is mental pain or suffering.
- You lost your job or earning capacity.
- You had to pay additional medical bills.
If everything falls into place and every piece of evidence points to medical malpractice, you must consult a medical malpractice lawyer. But why?
Talking to a Personal Injury Lawyer- Why is Important?
You can’t handle everything. And since you won’t be aware of every little legal detail, taking the help of a Milwaukee personal injury lawyer will always benefit you. They will have the knowledge and expertise to help you with your case. They also will help you to collect the required evidence to prove your claim.
Wrapping up
Medical malpractice occurs when a doctor fails to do his/her job. It is a violation of the standard of medical care. So, if you suspect medical malpractice in your case, it would be best if you let an experienced lawyer take care of your lawsuit.
Also, make sure not to contact the doctor before discussing every aspect of the case with your lawyer. Or else the result might not be in your favor.
Note- Medical malpractice claims come with a shorter statute of limitation than other personal injury cases. So, make sure to send the required notice to the doctor involved, and mention the expert witnesses for your trial as soon as possible.
