To pursue a case of medical malpractice, you first have to determine if the evidence shows that negligence took place. Otherwise, you can’t go forward with your case. Therefore, before you do anything, you need to discuss your situation with an attorney to find out if you can prove your complaint.
Proving Negligence in a Medical Malpractice Case
To show negligence in a medical malpractice case, you have to show that certain activities took place. To do this, you need to prove the following:
- The health care provider was responsible for your care and therefore had a duty toward you in this regard.
- The care he or she rendered did not meet the regular standard of care that other practitioners normally provide.
- Because the care was insufficient, it led to an injury.
- As a result, you, as the patient, suffered harm.
When the healthcare practitioner does not provide the expected level of care, this element is called a breach when determining negligence.
The resulting injury refers to the element of negligence known as causation.
In medical malpractice cases, lawyers often call expert witnesses to support their argument that the victim did not receive the expected standard of care. To qualify as an expert, a witness must be familiar with or practice in the same area of medicine as the accused.
How a Medical Malpractice Lawyer in Philadelphia Can Help
A medical malpractice lawyer in Philadelphia will successfully file a claim for you that will help you receive the compensation you deserve for medical costs, emotional distress, lost earnings, pain and suffering, or the loss of being able to make a living.
Take the First Step – Contact a Lawyer
Your first step, then, in a medical malpractice case, is to contact a lawyer.
File a Complaint with Your State’s Medical Board
Once you believe you can prove negligence and proceed with your case, you’ll need to file a complaint with your state’s medical board if a doctor’s conduct was questionable or the hospital was involved.
After you file a complaint, you’ll need to wait until it is processed before you’re able to file a lawsuit. Remember, filing a complaint does not prove negligence nor does it prove your case. However, you need to do this so you can rightfully file a lawsuit against the healthcare provider.
Gather the Evidence for Your Claim
An attorney will help you with taking the steps needed to make sure you follow each part of the process sequentially. Also, you’ll need to gather all the bills you’ve paid, so far, for the procedure and/or the care you received medically. You’ll need to include medical records and doctor’s notes that relate to your treatment.
Journalize Your Condition
It also helps to journalize your condition and how the experience has left you feeling emotionally and physically. The more information you have to share with your lawyer, the more evidence you’ll have to successfully negotiate your claim and receive a settlement.
Keep the SOL in Mind – Contact a Lawyer As Soon as Possible
Pennsylvania legislators have set the statute of limitations (SOL) for medical malpractice lawsuits at 2 years from the date you discovered the malpractice injury. Therefore, time is of the essence when you’re seeking to file a claim. Don’t remain a victim. Get the compensation you deserve by contacting a lawyer today.
