What Do I Need for a Medical Malpractice case?
Medical malpractice occurs when a doctor fails to perform their medical duties, leading to the injuries of a patient. Malpractice might sound relatively cut and dry; however, medical malpractice cases are notoriously difficult to win in court. One reason is that nearly every state has different laws governing how medical malpractice cases play out. Luckily the Reynolds & Reynolds Law Firm team of attornies will navigate these complications with ease. The team brings with them medical malpractice expertise that they have developed through decades of experience.
However, even though medical malpractice cases can get exceedingly complicated, there are some basic requirements that every case must possess.
Medical Malpractice Case Requirements
- Doctor-Patient Relationship: This is, by far, the most important requirement. This requirement establishes that you hired the doctor, and the doctor agreed to be hired. This requirement prevents someone from reading a doctor’s Facebook post about the benefits of acupuncture, trying it themselves, and then suing the doctor because they got an infection. Typically, the relationship is brought into question if the doctor in question never specifically treated you. However, if you ever visited the doctor’s office for an appointment, this requirement is easy to prove.
- Negligence: The next requirement that you must prove is that the doctor was negligent. If the doctor performed an action or made a decision that any competent doctor would not have in that given situation, they acted negligently. Most states require that the plaintiff brings in a medical expert to testify that the doctor deviated from the medical standard of care.
- Injury: The injury is another essential part of the case. The plaintiff has to prove that the doctor’s negligence caused that specific injury. Proving the source of the injury is where malpractice cases become more complicated. For example, if a patient dies after treatment for pancreatic cancer, and the doctor acted negligently, you would have to prove that the doctor’s negligence caused the patient’s death rather than cancer. The patient also must prove that the injury led to specific damages. Including:
- Pain & suffering
- Additional medical bills
- mental anguish
- Decreased capacity to work
Items That Help Prove a Medical Malpractice Case
Like any other case, the evidence is vital. Here are some items that you and your attorney will need to gather to prove your case
- Medical records
- Medical bills
- Insurance correspondence
- Autopsy reports
- Death certificates
- Correspondence with doctor
All of these items are important for establishing the requirements listed above. For example, correspondence, medical bills, and medical records help establish a doctor-patient relationship. They would also detail the procedures performed and medical expenses. Autopsy reports and death certificates are critical if the case involves wrongful death.
Remember, any good attorney will be there to outline everything that you are going to need to receive the damages that you are entitled to receive. That is where Reynolds & Reynolds comes in.
The team of attorneys at Reynolds & Reynolds has decades of experience. To help with your serious injury or wrongful death of a family member, you need to work with a law firm that knows how to review a medical record, understand medical descriptions of the injuries, and understand the expert and legal requirements for linking the injury to the negligence of safety violation. It is this experience & expertise that allows us to serve Frisco, Plano, Allen, Denton, & McKinney, TX to the best of our abilities. If you think you are a victim of medical malpractice, please give us a call today. We will set up a consultation to walk you through the process and figure out the best course of action to make things right.