Suppose you or a loved one suffered an injury, misdiagnosis, or other harm caused by a medical professional. In that case, you are probably seeking vindication or monetary compensation to help pay for your medical bills.
Before you think about suing for medical malpractice, understanding the facts of how the law works will help you move forward in the best way possible.
What Is Medical Malpractice?
When a patient suffers harm because a doctor or other medical professional failed to perform their duties, made an error, or failed to diagnose the patient correctly, this can be deemed medical malpractice.
Common types of medical malpractice include:
- Failure to properly diagnose, in which if a different doctor would have treated the patient, the outcome could have been better for the patient;
- Improper treatment, which ranges from the wrong treatment being prescribed to a surgical error that any other competent doctor would not have made;
- And failure to properly inform patients of known risks of a treatment or procedure.
What Do I Need To Prove Medical Malpractice?
Each state has different rules governing medical malpractice lawsuits, but the basics remain the same. Reaching out to a lawyer can help you understand your state’s laws and gather the best evidence possible for your case.
To prove medical malpractice, first, you must establish a doctor-patient relationship existed. This rule helps protect doctors from people who, for example, hear advice at a party or informal setting and then claim the doctor wronged them. Proving this should be easy with medical records.
Next, you and your lawyer will need to prove the medical professional committed a negligent act that caused the injury. For example, if a treatment fails to cure an already ill patient, this does not constitute negligence. Your lawyer will need to verify that the doctor’s incompetence caused the injury or any other reasonable doctor would have taken a different course of action or made a different diagnosis to prove negligence.
Finally, you’ll need to prove the injury you suffered caused you harm, such as pain, loss of wages, or excessive medical bills.
What Should I Do If I Think I Have a Medical Malpractice Case?
If you feel you have a medical malpractice case, contact Knox Law Center right away. Our legal team offers complimentary, confidential consultations to help you understand medical malpractice law better and the chances of your case succeeding.
In North Carolina, you must file your medical malpractice case within three years of the date of injury. The sooner you enlist a lawyer’s services, the better your chance of winning a case is.
Knox Law Center attorneys can help you win the compensation you deserve to pay for additional needed treatment, medical bills, or compensate for lost wages.