If you’ve been ill or suffered any type of injury and sought medical care, only to have your condition worsen, you may have a right to seek damages through a medical malpractice claim. There are, however, certain fundamental criteria that must be established before you can successfully prove medical negligence.
There Must Have Been a Formal “Doctor-Patient” Relationship
Before you can bring legal action against a medical professional, you must show that you sought the doctor or nurse out and that he or she agreed to provide medical care. You can’t bring a lawsuit for advice you overheard at a social event or that you read about in a magazine. If a medical professional has treated you directly, that’s typically easy to prove.
You Must Show That the Medical Professional Failed to Meet the Standard of Care
A medical professional does not have an absolute duty to cure you or even bring about any improvement in your health. He or she must only act as a reasonable professional, with similar training and experience, would do in the same geographic location. This standard is customarily determined through the testimony of medical experts.
You Must Show That the Breach of Duty Caused Your Injury
If you suffer injury after receiving treatment, you must typically show that it’s more likely than not that the injury was caused by the wrongful conduct of the medical professional. This can be particularly difficult if you are already suffering from a serious medical condition.
You Must Show Specific Losses
You can only recover compensation if the medical professional’s conduct caused you to suffer losses you would otherwise not have suffered. For example, if there are additional unreimbursed medical expenses resulting from the wrongful acts, those may be covered. Specific damages typically include pain and suffering, mental suffering/anguish and lost wages and income.
Contact Attorney Howard D. Popper
To learn your options after suffering an injury due to a dangerous or defective product, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.
We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.