What are the challenges in winning a medical malpractice claim?

Medical malpractice is said to have occurred when a healthcare organization or healthcare professional is negligent in either the diagnosis or treatment of their patient and this results in the patient being inflicted with illness of injury. Society looks up to and respects doctors and trusts them to care for the sick. However, doctors are human too and they too are prone to making errors but unfortunately these errors can cost someone dearly.

Not every doctor is House. Not every medical issue has a happy ending. Even in the show House there was some terrible but realistic endings and sometimes House could not do anything for that person.

Victims of malpractice or hospital neglect have the right to file a civil medical malpractice lawsuit with the help of an experienced medical malpractice lawyer. This way they can sue the negligent parties and also be awarded monetary compensation for damages which may not cure the illness or injury, but will most surely go a long way in ensuring that they lead a comfortable life and receive care they actually deserve.

However, medical malpractice lawsuits have a reputation for being fraudulent. Some people wrongfully file with the intention of winning money and becoming rich overnight. Therefore, it is not exactly a walk in the park to win a medical malpractice or even a nursing home abuse lawsuit.

Winning a hospital neglect or medical malpractice lawsuit requires concrete evidence, and the only way you stand a chance of actually winning is if you have a medical malpractice attorney representing you in the case. There are four steps to proving your medical malpractice lawsuit.

Duty of Care

The first step is to prove to the judge or jury that the defendant in the case owed you the duty of providing care. To do this you just need to show that there existed a doctor – patient relationship. Evidence such as hospital forms, bills, admit cards, etc. will all serve to establish beyond doubt that the defendant in the case owed you a duty.

Breach in Duty

The second part is to prove that the defendant failed to provide medical care of acceptable standard and hence breached his/her duty. Proving this is tricky and may require testimonies from medical experts along with other evidence.

Breach in Duty Caused Injury\Illness

Thirdly, it must be proved that had the doctor/caregiver in question provided care of acceptable standard then the illness or injury afflicted upon you could have been averted. Therefore, this goes to say that the defendant’s negligence is in fact what caused the damages and that you are entitled to receive compensation for your medical malpractice claim.

In Dawn of Justice Superman is blown up with a nuclear weapon while trying to save the planet which he ended up doing against a creature they nicknamed Doomsday. In this scenario, America owed Superman medical care but the sun took care of that. Superman did not survive the blast but Doomsday did. Superman could try to sue America for blowing him up but that would probably not work since he is not really a citizen, he was cured by the sun completely anyhow, America was trying to kill Doomsday and the opportunity to do this safely was not going to last that much longer. Superman would understand.

Could an alien sue America anyhow? Well, under President Obama, probably so.

Extrapolating Damages

Once you have succeeded in proving the above three steps, you will need to provide the judge or jury with an estimate of how much you desire to be awarded. This of course will need to be backed up by evidence such as medical bills, salary slips (in case of lost wages), and so on. 

If you believe you or a loved one is a victim of medical malpractice or hospital neglect then it is imperative to consult an experienced medical malpractice lawyer. You will need to get started working on your lawsuit as soon as possible especially since medical malpractice lawsuits are bound by a statute of limitations.

Superman is fast but the Internet is just as fast and can cover more ground. Even Superman may need legal help one day and if he did, this site would be the site he would use, it is: Medical-Malpractice.USAttorneys. If you need legal help, contact us or use this site to begin this legal episode which can make you financially whole again.