Claims for medical negligence can help with your medical bills, lost wages, recovery, and pain and suffering. If you have been injured due to a medical provider’s medical negligence, fighting for your rights can be challenging. However, as long as you have one of the most experienced Philadelphia, PA personal injury attorneys on your side, you have a great chance of getting the compensation you are entitled to.
Understanding Medical Negligence
Medical negligence happens when a medical provider does not take appropriate measures or fails to adhere to acceptable standards of care when they treat their patients. It does not occur simply due to a failed treatment, a misdiagnosis, or a wrong prescription. While these can be contributing factors, they cannot be grounds for filing a medical negligence lawsuit. A negligent medical diagnosis is when you were misdiagnosed and given a treatment that injured you. Also, negligence is when a doctor prescribed medication and caused a serious interaction with another medication.
Establishing a Medical Negligence Case
To pursue a medical negligence claim, you must prove several factors. This is helpful in establishing damages and liability, providing the court with a clear view of how medical negligence impacted your life.
- Establishing a professional relationship between you and the provider. To have a negligence claim, you and your provider must have a professional relationship, which means that they are responsible for your care.
- Proving the care provided was negligent. Healthcare providers operate under guidelines that regulatory agencies establish. Thus, they are expected to maintain a standard of care; otherwise, they could be responsible for negligence.
- Establishing the provider’s negligence directly resulted in your injury. For your claim to succeed, you should prove the injury you sustained directly resulted from the provider’s negligence.
- Proving the resulting damages are extensive. You must be able to demonstrate that you incur extensive damage due to your injury. These damages include medical bills, lost wages, rehab costs, and pain and suffering.
If you believe you have sustained an injury due to a medical provider’s negligent action, call a personal injury attorney. You must discuss your situation with your attorney and how your injury has affected your life. If your attorney determines that you have a claim, they can help look into the accepted standard of care, the way it deviated from the care you got, and the way this resulted in your injury.
After you file your medical negligence claim, your attorney can handle communications with the at-fault party’s insurance provider. Your attorney will consider your case as their case and will fight for the compensation you need.