PrMedical Malpractice Claim ving a Medical Malpractice Claim

We trust our doctors to do everything in their power to treat and help us heal. There are times, however, when the actions of a medical professional actually cause harm instead of good. When a doctor or other medical professional fails to competently perform their duties, it is called medical malpractice. In such cases where medical negligence has occurred, the injured victim can file a medical malpractice claim against the doctor or medical facility, or both.
Elements of a Successful Medical Malpractice Claim
To prove that medical malpractice has occurred, the victim will first have to show that there was a doctor-patient relationship. Did the doctor agree to be hired? Did the doctor see, diagnose and treat the injured party? If so, there is an established relationship.
Next, the victim will have to show that the doctor was negligent in some way. The victim will have to prove that the doctor caused harm in a way that a competent doctor would not have, under the same conditions. Doctors are not expected to be perfect, but they are required to exhibit reasonable skill and to act with due care.
Last, but not the least, the victim will have to prove that the doctor’s negligence resulted in actual harm. Did the patient suffer an injury or illness because of poor judgment or lack of action by the doctor? Did the doctor’s failure to properly diagnose a disease or a condition cause the patient to have a slimmer chance of recovery? Did the patient undergo pain and suffering as a result of the negligence? Did the victim and his or her family incur additional medical expenses as a result of the negligence?
Compensation for Injured Workers
In such cases, a medical malpractice claim may be filed by the victim seeking compensation for damages including, but not limited to, medical expenses, loss of wages, cost of hospitalization, medication, past and future pain and suffering, emotional distress, permanent injuries, etc.
If you or a loved one has suffered due to medical negligence, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Please contact us 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com