How do you know if you have a case for medical malpractice?

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How do you know if you have a case for medical malpractice?If you were injured due to negligent medical care, you might be entitled to hold the at-fault medical professional or health care entity liable for medical negligence.

However, specific factors must be present to hold these negligent parties liable for medical malpractice. If you want to know if they apply to your situation, it may be in your best interest to contact an experienced medical malpractice attorney to discuss your issue and determine if you have a valid claim that entitles you to compensation.

Your medical negligence lawyer will look for several elements when reviewing your claim, including:

An Established Doctor and Patient Relationship

The first thing you must prove to succeed in a medical malpractice claim is that there was an established doctor and patient relationship. In this relationship, a medical professional agrees to diagnose the individual’s condition or provide him or her medical treatment as a patient.

Once a valid doctor-patient relationship is formed, the health care professional legally owes the patient a duty of care. The medical provider or entity is obligated to provide competent treatment that follows the medical community’s specific standards.  

A Breach of Duty

You must also demonstrate that the medical provider failed to uphold his or her duty of care — that’s something that is owed to you as part of fulfilling your doctor and patient relationship. You must be able to demonstrate that the health care professional providing your treatment did not deliver the same standard of care that another trained medical provider would have given you under similar conditions.

Common breach of duty examples include:

  • Administering the wrong medication
  • Prescribing an incorrect medication
  • Prescribing medicines at the wrong dosage
  • Misdiagnosing a patient’s condition 
  • Failing to diagnose a patient’s condition
  • Committing surgical errors, including operating on the wrong part of the body, performing the wrong surgery, and leaving a surgical instrument or medical tool inside the patient during surgery

To prove a breach of duty exists in a medical malpractice claim, expert medical witnesses often provide testimony detailing how a competent and similarly skilled medical professional would have acted under the same circumstances.

Proven Causation

For a medical malpractice claim to be successful, causation must be proven. This means the medical provider’s actions, or inaction, must be a result of your injury, your condition becoming worse, or you suffered additional harm. You must show that your injury or worsened condition resulted from the negligent care you received and was not caused by pre-existing conditions or outside issues.

Damages Suffered

The final thing you must prove is that you suffered harm, injury, or damage resulting from the negligent treatment you received from your medical provider.

Contact Qualified Legal Help

If you have suffered harm or injury due to the negligence of a medical professional, you may be entitled to monetary compensation for your medical bills, lost wages, and pain and suffering. A medical malpractice attorney can review your case and inform you of your legal options. To learn more about bringing a medical malpractice lawsuit, contact a medical malpractice lawyer to schedule a no-obligation consultation.  

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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
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June 3, 2022.
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May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
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May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.