• How do I know if I have a potential medical malpractice claim?

A successful medical malpractice claim has three essential elements:

  • Existence of a doctor-patient or provider-patient relationship. You must show that you sought medical treatment from the healthcare provider and that the provider agreed to treat you. Establishing this relationship is not difficult if the doctor or other medical professional saw and cared for you or provided a consultation
  • The doctor or provider violated or deviated from the standard of care. You must establish that the way the physician or provider diagnosed or treated you deviated from or violated the standard of care that a reasonable and prudent professional of similar training would have followed under the same or similar circumstances.
  • The doctor’s or provider’s negligence caused you specific harm. You must prove that the healthcare provider’s negligence (deviation from the standard of care) caused or contributed to your injuries. Sometimes, the causation is clear, but where other factors, diseases, or conditions are present, it may be more difficult to show the connection between substandard care and a specific injury. Specific harm may include physical or emotional pain, additional treatment you would not have otherwise needed and additional medical bills, loss of income, or lost earning potential. 
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