Cultivating a solid medical malpractice claim

You trust your physician to provide you with the care you need. However, sometimes the physician may not rise to the occasion for a number of reasons.

If you can show that the level of care provided was not appropriate, it may be possible to file a successful medical malpractice claim. As you consider this option, you should know a few important things so you cultivate the best claim possible.

Identify it

Simply stated, medical malpractice occurs when a physician does not utilize the appropriate level of care with a patient. The appropriate level of care is the level of care a prudent physician would use when treating a patient in the same situation. Considering the possible unexpected issues that may arise during a medical procedure, along with previous conditions and genetic problems that patients may have, making this determination is not always an easy process.

Present proper evidence

In the case of medical malpractice, medical records can be an important piece of evidence. If there were witnesses to the negligent act willing to come forward, an eyewitness testimony can be monumental. It may be beneficial to have an expert medical witness validate the negligent act, especially for particular malpractice acts, such as surgical errors. As you look to collect evidence, make copies to present and keep the original when you can.

Request damages

You may claim a few different possible damage types. If a patient files the claim, it is possible to seek damages for medical bills, lost wages and similar expenses the patient incurred during the process or as a result after the procedure. In cases where a deceased patient’s family files, it is possible to also seek damages for loss of life and loss of companionship, as well as pain and suffering damages if the patient lived through the procedure and eventually passed. 

Though no amount of money can replace the pain and possible loss that medical malpractice can cause, receiving compensation can be helpful in moving forward. Consider these aspects as you cultivate your claim and determine the best course of action.