A doctor has a standard of care they are required to uphold. If that standard has not been met and you have suffered harm as a result, you should seek compensation. Here is what you need when proving a failure to treat case against your doctor.
Every case begins with the premise that you and your doctor shared a real doctor-patient relationship. If there is no way to prove that they were your physician, you cannot claim a failure to treat. To show your connection, present evidence that you hired them, and they agreed to treat you. You can represent this relationship with simple documents from your medical visit. The most common issues with this step arise when the case concerns a consulting physician who did not tend to you directly. Therefore, they had a different level of responsibility in your care and treatment.
Negligence refers to a doctor’s relative incompetence in addressing your medical needs. This can manifest in several ways, from a delayed diagnosis to a complete misdiagnosis or a failure to treat. Regardless of how your physician did not meet the expected level of treatment, you must prove their negligence. The burden of proof falls on you to show your doctor’s improper diagnosis or treatment and how that impropriety caused you injury or harm that led to specific personal damages. Essentially, if your doctor failed to treat you in a competent or timely manner, which then allowed your medical situation to worsen and cause undue pain, you must show how it all happened.
It is difficult to prove much without the support and guidance of a good lawyer. A quality physician negligence attorney can help you piece together the various evidence you need and will coach you each step of the way. A lawyer can then initiate the right documents and proceedings as they become relevant, allowing you to focus on healing. They can also aid you in obtaining the necessary testimony of an expert medical witness. This person is crucial in proving physician negligence because they can attest to the appropriate standard of care and timing of treatment that is standard in their profession.
Proving a failure to treat case against your doctor does not have to be a challenge. There are plenty of ways to find the help you need. If you have any questions about physician negligence or would like to set up a free consultation, contact us at Rossman Law Group today.