If you sustained injuries and damages after being treated by a medical expert, you may want to take legal action. By filing a lawsuit, you can hold a medical professional liable and offer compensation for your medical expenses and any other damage you may have suffered.
If you want to take legal action, you can benefit from the assistance of an experienced wslaw.nyc attorney. Having a lawyer on your side reduces the chances of errors in the paperwork you need to submit and ensures you get legal advice when things get confusing. The following are reasons you may want to hire a medical malpractice attorney:
Medical Malpractice Cases are Not Straightforward
Medical malpractice cases are probably the most complicated kind of personal injury case. Although injury attorneys deal with injuries and accidents regularly, lawyers who do not regularly handle medical malpractice cases may not be familiar with the different factors involved. This type of case usually involves the following complexities.
- Various kinds of injuries. A medical malpractice claim can include damage to different body parts. A lawyer who specializes in your type of case understands various types of injuries that may happen in a medical facility or healthcare setting.
- Proving negligence. To have a solid medical malpractice case, you must prove you received substandard care from your medical provider.
- Various procedures. A medical malpractice case has procedural requirements. You may need to file an affidavit that a medical professional makes stating the commission of a malpractice action.
There are Specific Elements of Medical Malpractice to be Established
Aside from a lawyer’s knowledge of what constitutes medical malpractice, they also know how to prove them. These elements include the following:
- Doctor/patient relationship. To have a valid medical malpractice case, you need to demonstrate that you were a doctor’s patient and this doctor agreed to offer treatment. Such a relationship is established after you get treatment from them.
- Substandard care. You should also show that your doctor acted negligently. Thus, they fail to offer standard care. Sometimes, this substandard care occurs when the doctor fails to take appropriate medical action or when they take the wrong action.
- Injury. There should be a connection between the doctor’s negligent care and the injury you sustained. This means that you wouldn’t have been harmed if not for the doctor’s malpractice.
- Damages. Aside from showing the doctor made a mistake, you should also prove you were harmed by sustaining an injury, losing time from work, and incurring medical expenses.