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Have you or your loved one faced an injury due to medical malpractice? Did your physician commit a grave medical error that led to harm? When looking to file a medical malpractice lawsuit against a doctor or hospital, follow specific claim requirements.
Hiring one of the best medical malpractice or wrong diagnosis attorneys is the most important step for filing a medical malpractice lawsuit and ensuring you meet all claim requirements. Medical malpractice cases can get rather complex and you will likely need legal representation to ensure you have a higher chance of getting a fair settlement.
The issues to prove include establishing a doctor-patient relationship took place, the physician being negligent, and the negligence leading to a significant injury. You can find out more about specific claim requirements for a medical malpractice case below. Read on!
The “Affidavit of Merit” Requirement
When filing a medical malpractice lawsuit, claim requirements in many states obligate an expert signs an affidavit under oath. The “affidavit of merit” needs to show how the physician breached the standard of care.
The affidavit also shows that the expert has reviewed the case and found that it has merit. Your attorney can help you show exactly what information the affidavit needs to include.
Prove a Doctor-Patient Relationship Took Place
You will need to show that a relationship between the patient and physician did exist. For example, you may need to show that you hired the doctor or that you paid for his or her services.
However, if the doctor did not directly treat you or your loved one, you likely don’t have a case. For example, if a physician gave you advice at a party, you will have trouble establishing a doctor-patient relationship.
Establish the Physician’s Negligence
You will need to establish that the doctor who treated you was negligent. Merely being unhappy with your treatment is likely inadequate if there was no negligent behavior on the part of the physician.
Essentially, show that the doctor created harm that another competent physician would not have done. You will need to have a medical expert provide testimony discussing the medical standard of care and how your doctor did not follow that standard.
Prove the Doctor’s Malpractice Led to an Injury
If you or your loved one was already sick or injured before treatment, it may get difficult to prove that the doctor’s negligent actions caused the health problem. Legally, your lawyer will need to prove that the doctor’s behavior “more likely than not” led to the injury.
With the help of a medical expert, you may have a chance to prove that the doctor’s negligence produced the injury.
Showcase the Specific Damages From the Injury
The patient needs to illustrate specific damages and harm from the negligent behaviors of the physician. For instance, the damages that a patient can sue a doctor for include:
- A disability that led to lost wages and a reduction in working capability
- Extensive medical bills to fix the injury
- Physical and/or mental pain
Other Specific Requirements for Filing a Medical Malpractice Lawsuit
Other types of requirements that you will need to follow when filing a medical malpractice claim include:
- Filing the lawsuit soon after the injury, which should be within six months to two years
- Providing the physician with a notice of the malpractice claim
- Submitting the claim to a medical malpractice review panel
You should also include expert testimony since a qualified expert is often required at a medical malpractice trial.
The Final Word
If you have experienced a medical malpractice scenario, you will need to hire a medical malpractice attorney to help you meet the claim requirements before filing the lawsuit.With a lawyer’s help, you can get a medical expert to provide key testimony in the case and potentially get a good settlement.