Facts To Prove After Filing Claim For Medical Malpractice

If you want to file a personal injury claim for an act of medical malpractice, then you must prove that your claim has legal standing. Understand that you will never be able to win your claim, unless you can prove 4 different points.

Show that there was a doctor-patient relationship.

This is a vital point, because it allows movement of the disputing parties from point one to point number 2. Without the existence of a doctor-patient relationship, it becomes impossible for a plaintiff to point to the existence of the need for a high level of care.

Show that the doctor failed to deliver the expected level of care.

• Show that the doctor was negligent in one of 3 ways.
• Did the doctor neglect to provide the expected level of care?
• Did the doctor fail to deliver the expected diagnosis?
• Did the doctor’s negligence relate to the absence of a suggested treatment?

Show that the doctor’s negligence caused you to suffer an injury, or some other harm.

It is not enough to experience a decided level of discomfort. If you did not get hurt, despite being uncomfortable, then you have no basis for a claim.

Offer details, regarding how you were harmed.

• Did you lose some of your wages?
• Did you accumulate a tremendous number of medical costs?
• Did you have to forego an opportunity to further your education?
• Did you report lots of sick leave at work, because you were trying to fix your acquired injuries?
• To what extent did you suffer any pain? How long did it last?

Focusing on the subject of pain.

If a former patient experiences unexplained episode of pain or some other discomfort, such as chills or night sweats, then the same patient ought to keep a record of when such sensations were felt, and how long each of them lasted. Such information can prove quite valuable, if it becomes necessary to pursue a medical malpractice lawsuit, with the help of a personal injury lawyer in Sarnia.

Evidence of harm done by a doctor may not become apparent to a patient in the days immediately after an operation, a medical test or the administration of a treatment procedure. Consequently, any disruption in the body’s normal ability to function properly ought to be noted by the patient that has observed the evidence of that disruption.

Pain cannot be measured or detected with some type of machine. Yet the court cannot discount the observations made by a former patient. Moreover, those observations do not have to focus on painful sensations, alone. Indeed, the former patient must watch for the appearance and re-appearance of any sort of discomfort. That discomfort might reflect the effects of a mistake made in ER, an operating room or a doctor’s office.