Elements of Your Medical Malpractice Claim
When it comes to personal injury law, otherwise known as tort law, these are some of the most common legal cases that occur on almost a daily basis. The fact is that the world is a tough place these days, and there is quite a bit of negligence going on these days. According to Mr. Joel Levine of Levine & Wiss, the top accident lawyer Brooklyn has to offer, personal injury law covers a wide variety of topics and instances, from car accidents and bike accidents, to medical malpractice and more. Today we will be discussing one of the most prevalent forms of personal injury claims, the medical malpractice claim. As the best personal injury attorney Brooklyn has to offer, Mr. Levine and his team at Levine & Wiss have helped thousands of individuals across the state and city, recover millions in compensatory damages, as well as the justice they deserve, when they have been wronged by their doctors or surgeons. Whether it was a result of a surgery gone bad, a missed diagnoses or just poor overall, incorrect care on the part of their doctor, medical malpractice claims can cover a number of different negligence based mishaps by doctors and other medical professionals. If you have suffered any type of health issues or injuries as a result of a medical providers negligence, you may have a case, and it’s vital that you contact an experienced personal injury attorney like Mr. Levine and his team at Levine & Wiss. In this article, we will be going over some of the basics of medical malpractice claims and what you need to know to have a case.
When Does Medical Malpractice Occur?
Before we delve into anything deeper, its important to understand when a medical malpractice claim actually occurs. According to Mr. Levine, the best personal injury lawyer Brooklyn has to offer, medical malpractice occurs when a patient is harmed in any way by a doctor or medical professional, who has then, failed to perform their medical duty to them. Its important to understand that the laws surrounding medical malpractice will vary from state to state and should be taken on a case by case basis. Sometimes you have a valid case and other times you don’t, this is why its vital to hire an experienced personal injury attorney like Mr. Levine, the best medical malpractice lawyer Brooklyn has in practice to help you through the process.
What is Required for a Medical Malpractice Claim?
Its important to understand, just like any other form of personal injury claim, the burden of proof in many instances will lie on the victim themselves in proving their case and damages from their case. According to Mr. Levine, the best personal injury attorney Brooklyn has in practice, in order to prove certain things about a medical malpractice case, you need to show certain elements existed and occurred. These elements include the following.
– A Doctor Patient Relationship Actually Existed: It’s important to understand that a doctor has a certain duty to their patients. But they must actually be a patient for that right to be extended. According to Mr. Levine, the top accident lawyer Brooklyn has in practice, this means that you actually hired the doctor and they agreed to give you treatment.
– The Doctor Acted Negligently: Patients are often unhappy with their treatment, but that doesn’t always mean that the doctor acted negligently. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have. The doctor’s care is not required to be the best possible, but simply “reasonably skillful and careful.”
– Negligence Caused the Injury: In certain instances, the patient may have already been sick or injured and the negligence played no part in this, so there is no case for medical malpractice. However, if the victim and an attorney like Mr. Levine, the best medical malpractice lawyer Brooklyn has in practice can prove that it was a product of the doctor’s negligence then there may be a case.
– Damaged Occurred: The next point that must be proven in a medical malpractice claim is that damages actually occurred as a result of the negligent actions taken by the doctor. And those actions led to injuries that caused damages – this can be physical pain, mental pain, lost wages, additional medical bills and much more!
For more information on all there is to know about medical malpractice and more, be sure to contact Levine & Wiss today.