Elements Of A Medical Malpractice Claim In Philadelphia

By Barry Kerin


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.

Medical Malpractice Requirements

The first elements to prove in a malpractice claim is that the doctor-patient relationship existed. Philadelphia medical malpractice lawyers will work on this first by looking at the injured patient's 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.

Demonstrating doctor negligence requires the use of expert medical opinions. Philadelphia medical malpractice lawyers will seek out other medical professionals and get their opinions on what should have been done in the circumstances of your case. These expert medical professionals will look at the information and offer their assessment.

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.




About the Author:



No comments:

Post a Comment