How can I find out if I have a Medical Malpractice Case?

In 2018, according to the PA Medical Society, there was a total of 106 medical malpractice cases in the state of PA, and of that 106, 18 were in favor of the plaintiff. Medical malpractice is a tricky road to go down, however, as uncommon as they are, they still take place. The questions below will help determine a medical malpractice case and whether or not you have a claim. 

 

The first question that needs to be answered is if there is distinct proof that there was a relationship between the patient and the doctor. What this means is that the plaintiff, you in this case, hired the doctor to treat you and the doctor agreed. This usually is the easiest step to prove, because there is clear proof such as documentation that you were in the office at the time. If there is any questions as to the existence of the relationship, it is because the doctor that you are making the claim against did not treat you directly, which means the claim is false.

 

If you are unhappy about the treatment that you received, that doesn’t mean that the doctor was negligent. In order to win a medical malpractice case, this is a huge step in the process of proving that the claim is viable. Negligence in this aspect means that the doctor who was providing you the treatment was not careful in what he was doing or wasn’t skillful. Also, suing for malpractice means that the doctor who provided you with the treatment caused harm to you in a way that another professional in the same field. In order to be able to prove negligence in this sense, most states do require that a professional be presented to discuss the standards of treatment that was involved within the case as well as what is considered to be skillful and careful. 

 

A lot of medical malpractice cases are tough to prove because they involve patients who were already sick or injured before they sought out treatment. This will lead to questions on whether or not the doctor is actually at fault. For example, if you have a patient who passes away from say brain cancer, it may be hard to prove whether the patient died from negligence or cancer itself. Therefore, when it comes to the burden of proof, the patient needs to be able to prove that it is more likely than not that the medical practitioner’s carelessness or skillfulness is what caused the injury. This means bringing in another professional in the same field to testify for them. 

 

And whether or not it is clear that the doctor performed below the level of care that was needed for the patient in question, there needs to be specific repercussions that can be proven as well. These repercussions can be physical pain, mental pain, additional bills, or loss of work wages.