Basic Requirements for a Medical Malpractice Claim

Basic Requirements for a Medical Malpractice Claim

If you have been injured by a medical professional's negligent, careless or reckless actions, you may be entitled to financial compensation—as this would be the basis for a medical malpractice lawsuit. To ensure that you have legitimate grounds to pursue damages from the liable party, however, you must first understand the basic requirements for a medical malpractice claim, as it, unfortunately, would not be enough to establish that you have suffered an injury. That being said, the Long Island personal injury attorneys at The Odierno Law Firm, P.C. encourage you to discuss your case with our firm before moving forward with your claim. In doing so, you can ensure that each of the following factors is adequately established, maximizing your chances of financial recovery.

#1: A Doctor-Patient Relationship Existed

First and foremost, you must be able to prove that a doctor-patient relationship existed if you hope to pursue a medical malpractice claim. This means that you had actually hired the doctor that you intend to sue, and that they had subsequently issued medical advice and/or treatment. If you had taken the advice of a doctor under informal circumstances (i.e. you listened to a medical segment on television), it could be difficult to prove that a doctor-patient relationship was actually established. This, in turn, would negate the doctor's responsibility to competently perform their medical duties—as they are only liable for the patients that they have knowingly agreed to treat.

#2: The Doctor Failed to Uphold a Duty of Care

Perhaps the most important requirement for any medical malpractice claim is being able to prove that the medical professional had failed to uphold a duty of care—which means that they were negligent in diagnosing and/or treating you as a patient. While most people assume that an unsuccessful outcome would be sufficient grounds for a medical malpractice lawsuit, it is important to understand that doctors can only be expected to provide a reasonably prudent level of care. If you suffered complications after a risky surgery, for example, this alone would not be a reason to file a lawsuit. Rather, you must establish that the physician had acted in a manner that a competent doctor would not have.

#3: You Were Injured by the Doctor's Negligence

Once you have established that the doctor had acted negligently, you must subsequently be able to prove that their negligence has caused you to suffer an injury. For example, you would not have grounds to seek compensation if you had not actually suffered specific damages—regardless of whether or not the doctor had acted negligently. While they may have carelessly misdiagnosed you, it would be nearly impossible to pursue a medical malpractice lawsuit if their negligent mistake did not have any negative ramifications on your health. For this reason, it is crucial that you let a Long Island medical malpractice lawyer from The Odierno Law Firm, P.C. thoroughly review your case.

Do you have grounds to file a medical malpractice lawsuit?

If you are unsure of whether or not your case fulfills the basic requirements for a medical malpractice claim, you should not hesitate to take advantage of a free initial consultation today. When you contact our firm locally at (631) 752-8580 or toll-free at (877) 379-5144, you will have the opportunity to schedule a complimentary consultation with one of our Long Island medical malpractice attorneys— wherein you can address any questions or concerns that you may have. If you would prefer to reach us online, you can also fill out the free case evaluation form that is conveniently located on our website.

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