Requirements of a Medical Malpractice Claim

Serious injuries deserve experienced attorneys

An Alexandria, VA hospital accident lawyer has the answers.

Nobody expects to need an Alexandria, VA hospital accident lawyer. However, medical malpractice occurs on a daily basis in the United States. Even the most experienced and trained medical professionals can make mistakes that result in injuries in their patients. If you suffered harm while under the care of a doctor or other medical professional, you may be able to file a medical malpractice claim. Let’s take a closer look at some of the requirements of a medical malpractice claim:

A Doctor and Patient Relationship Must Have Existed

The first thing you have to prove in a medical malpractice claim is that you actually had a doctor-patient relationship with the doctor you are suing. This means, according to any skilled Alexandria, VA hospital accident lawyer, that you must have hired the job and he or she must have accepted the job. For instance, you can’t file a claim against a doctor you heard giving medical advice at a grocery store.

The Doctor Was Negligent

To prove malpractice, you must be able to show that your doctor was careless when diagnosing or treating you. He or she must have harmed you in a way that a competent doctor in the same situation wouldn’t have. If you were just unhappy with the treatment you received, you will not be able to sue for medical malpractice.

The Doctor’s Negligence Led to the Injury

Your Alexandria, VA hospital accident lawyer will likely tell you that a large majority of medical malpractice cases involve patients that were already ill or hurt. That makes it a little tougher to determine if it was actually the doctor who caused the harm or not. For instance, if a patient become sick after treatment for lupus and the doctor was careless, it can be tricky to prove that the physician’s carelessness led to the sickness instead of the lupus. In most cases, it’s necessary to have a medical expert testify that the doctor’s negligence led to the injury.

The Injury Resulted in Specific Damages

While an Alexandria, VA hospital accident lawyer is there to help you file a lawsuit, a patient can’t file a medical malpractice claim if he or she didn’t suffer any harm due to the doctor’s negligence. Common types of harm patients can sue for include physical pain, medical bills, mental anguish and loss of wages.

Statute of Limitations for Medical Malpractice Claims

If you believe you are the victim of medical malpractice, you shouldn’t wait too long to file a medical malpractice claim. In most states, you have to file a medical malpractice claim between six months and two years. If you don’t file a lawsuit within your state’s statute of limitations, you lose the right to compensation, something any Alexandria, VA hospital accident lawyer knows far too well.

That’s why it’s important to consult with an experienced medical malpractice lawyer as soon as possible. He or she can thoroughly review your case and determine if you have a strong chance of winning or not. If the lawyer decides that you do have a strong case, he or she can help you gather evidence, identify expert witnesses and communicate with insurance companies.

Most medical malpractice attorneys offer free initial consultations, so there is nothing stopping you right now from setting up a meeting with one.

If you or someone you know has suffered an injury from medical malpractice, do not hesitate to contact Cohen & Cohen and we will be more than happy to set you up an Alexandria, VA hospital accident lawyer on our team.