Everyone makes mistakes – even doctors. Unfortunately, medical mistakes are more widespread than many people think. Despite many cases of medical malpractice in Philadelphia, these types of claims can be tricky. However, if an injury was caused by medical negligence, it’s important to consider the options for a malpractice claim.
The Philadelphia medical malpractice lawyers at Lopez McHugh look for three important elements to prove and establish a medical malpractice claim. First, there has to be an established doctor-patient relationship. Next, the medical care provider must breach the standard of medical care. The third requirement is showing the negligence caused the patient’s injuries.
Breaking Down The Elements Of A Malpractice Case
The first thing that must be shown to have a medical negligence claim is that the doctor who is being accused and the patient who was injured had an established doctor-patient relationship. To do this, Philadelphia medical malpractice lawyers must start with a review of all of your medical records.
All hospital and rehabilitation facilities are required to keep records of treatment, including the doctors that provide you medical care. Locating and dissecting all records can be complicated, further muddied by the fact that multiple care providers often see patients. If a doctor provided you with medical treatment, a doctor-patient relationship can be proven.
After it has been shown that this relationship existed, your malpractice lawyer will examine the circumstances of your injury to determine if the standard of medical care was breached. The standard of medical care refers to what a reasonable and competent doctor would have done under the circumstances that surrounded your injuries. If a doctor acted outside of these practices, then he or she may be found negligent.
Proving that the standard of care was breached can be accomplished by getting testimony from outside expert medical providers. Philadelphia medical malpractice lawyers can talk to other medical professionals, get their opinions on the case, and use their testimony to demonstrate a breach of the standard of care.
If the expert opinion shows that your physician acted with negligence, then the negligent acts must be shows to have caused the injuries. Without an injury at the hands of a medical professional, there can be no medical malpractice claim.
In this final test of medical malpractice, the patient must prove that physical pain, permanent impairment, emotional stress, or future medical procedures suffered by the patient are connected to the doctor’s negligent acts. The expert opinion can be used to determine this connection, proving that the standards of medical care were broken.
Time Limit For Malpractice Cases
There are many unique requirements to filing a medical malpractice claim in Philadelphia. The Lopez McHugh medical malpractice attorneys can evaluate your claim and the claim timeline. It often takes make months to worth through the three steps of confirming a medical malpractice claim.