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A Medical Malpractice Checklist

car accident lawyer

It happens to many people all around the world, medical malpractice. Whether it was misinformation, a botched surgery, or a bad exam, malpractice has affected many people. Many people picture a medical malpractice lawyer as an ambulance chasing car accident lawyer looking for a quick buck. However, with malpractice being one of the five most common types of personal injury cases, a good portion of them are good, professional members of the law community who are doing good for people. When considering looking for a medical malpractice attorney, ask yourself the following questions:

Were They Your Doctor?

First, it has to be proven that there is a doctor-patient relationship existed between yourself and the doctor in question. Informal conversations, such as a conversation outside of the doctor’s office, aren’t going to be taken seriously. One step to take towards this is to find records given to you by the doctor’s office confirming that you saw the doctor on a professional basis.

Was the Doctor’s Laxity at Fault?

To determine whether the doctor was at fault for whatever injury occurred to you, a “Medical Standard of Care” must be established. According to nolo, a Medical Standard of Care is defined as “The type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community.”. So, the doctor in question has to have provided care or advice that is not up to par with what a typical doctor would provide. It is likely that you will have to seek the opinion of an expert (As you might for a car accident lawyer or a lawyer for other civil suits) to prove that the defendant doesn’t meet the Medical Standard of Care.

Were you Already Injured?

If you were already injured before the alleged malpractice, it will be difficult to prove that the doctor in question caused the problem. You will need to provide proof that the injury before the alleged malpractice happened didn’t cause whatever is happening now. Find records of your previous diagnosis so as to prove that it is unrelated to the result of the actions of the defendant.

What Specific Problems Resulted From The Malpractice?

Just like when dealing with a car accident lawyer in civil court, you have to prove that there were actual problems caused by the incident. You might be mad and feel that your doctor did not do their job, but unless they caused real damages, you have no ground to sue. This is a list of examples, according to nolo:

  • “Physical pain
  • Mental anguish
  • Additional medical bills, and
  • lost work and lost earning capacity”

Be sure to be specific as to what grounds you have to sue. If you did not lose anything, you won’t be awarded anything in court. Work with your lawyer to come up with a fair number that you feel you are owed; If you ask for too much, the judge might be inclined to not award anything at all. It is very important to find a good lawyer that is on your side. Check and see what lawyers are recommended in your area. For example, in Boise, ID, many people recommend Rossman Law as the best law group in the area. If you feel medical malpractice has hurt you, consider giving a call to a lawyer to go over your case.