A Malpractice Lawyer Can Help

When hiring a malpractice lawyer, one of the first things these professionals will do is work with you to determine whether or not you have a case. Not every situation in which an individual is facing injury or loss will result in a legal case. However, during an initial consultation with an attorney, you should know if you have enough information or proof of a level of negligence. It is a good idea to come in to see an attorney even if you are unsure if you have this type of case.

One of the things the malpractice lawyer will discuss with you is whether or not you meet the basic requirements to file a claim against a professional. In short, you need to show that the following things took place and that you do, therefore, have the foundation for a claim.

Was there a doctor/patient relationship in place? Proving this is critical because you need to have actually hired the medical professional and they must have agreed to work with you. You cannot sue someone for the medical advice that you overhead, for example.

Was the professional negligent in the care provided? This is not as easy to prove as you may think. It is more than just being unhappy with the outcome. Rather, you must show that the professional was not reasonably skillful and careful in his or her diagnosis or treatment of your condition. If a competent doctor would have done something differently, you may have a case.

Was the injury directly caused by the doctor's negligence? This is another situation that may be difficult to prove. In short, you need to know that the actions or inactions that the professional took actually caused the harm. Even if the actions that the professional took were negligent, if they did not cause harm, it may not be an effective tool.

There must be specific damages as a result of the alleged negligence. This includes physical pain, mental anguish, lost work, lost earning capacity, and/or medical bills because of the medical professional's actions.

While it is difficult to prove all situations, this type of negligence does, indeed, happen. A malpractice lawyer can help you to avoid situations where you do not have proof. In addition, he or she can help you to determine what options you have for proving your case and what this will entail. If you are facing harm because of a doctor's actions or inactions, it can become necessary for you to take steps to prove your case. This attorney can help answer your questions and help you to make the right decision moving forward.