Whenever a former patient files a medical malpractice claim, that same patient hopes to prove that medical malpractice charge. In order to produce the necessary proof, the plaintiff/patient must demonstrate the existence of 4 essential elements.
What was plaintiff’s relationship to the defendant (the charged physician)?
The plaintiff must show that he or she had doctor-patient relationship with the charged physician. That would mean that the plaintiff had been treated by the same physician.
Did the doctor carry-out a negligent action?
Did the doctor cause harm to the patient in a way that a competent physician would not? Did the physician’s level of care fall below the accepted standard? Did the doctor’s care fail to qualify as reasonably skillful and careful?
Did the doctor’s negligence cause the patient/plaintiff to become injured?
It may prove difficult to prove the existence of that particular element. Personal injury lawyers in Sarnia usually seek the testimony of an expert, when faced with the need to show the existence of that one specific element.
Did the injured patient suffer a marked level of damages?
The plaintiff must be able to offer specifics on any such damage. By hiring a lawyer, someone with a medical malpractice claim can learn the various aspects of life that might be damaged.
What types of damages could the victim of medical malpractice suffer?
A patient that has become the victim of medical malpractice might experience a good deal of pain. Painful sensations qualify as a type of damage.
A patient that has been affected by actions that qualify as medical malpractice might suffer a good deal of mental anguish. Maybe the patient’s anxiety has arisen from concerns about the level of harm inflicted on the affected patient. Patients filled with uncertainty, with respect to an outcome, certainly wrestle with mental anguish.
A doctor’s negligence might force the affected patient to deal with financial damages. The physician’s actions might have invited the development of a new medical problem. According to the law, the bills sent, following treatment for that new medical problem can count as damages.
A patient might agree to a given treatment with an eye towards returning to work, once that same treatment has been completed. In that case, the patient usually has some idea how long it might take him or her to recover. An act of medical malpractice could lengthen the anticipated recovery time.
In that case, the patient with the longer-than-expected recovery must alter any plans that were made, with respect to returning to the workplace. Obviously, that alteration in plans includes dealing with the need to obtain replacement income for the greater loss of work time. In other words, the recovering patient must deal with more damages.