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

November 30, 2020


 

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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.

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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Kim Brooks-Rodney settled my mother's case expeditiously, with great patience and sensitivity and won us a magnificent settlement. I can't imagine that a better personal injury lawyer exists. I highly recommend her and her firm, Cohen & Cohen. They are undoubtedly the best of the best.
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Tanea washington
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This law firm was great and Nicole did a wonderful job on my case. Keeping me updated along the way with any changes or information really kept me at ease. I would recommend them over and over again!
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Gabriel anteneh
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Glorious glorious , Nicole and her firm are the best . Treated me with kindness.
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David junior COLY
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Nicole was great in assisting with my case. Thank you so much
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Kenneth Distance
66 days ago
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Ms. Skibicki handled my uninsured motorist claim exceptionally well. She understood the importance of balancing justice and compensation from those involved in the dispute. She fought for a fair settlement and genuinely listened to my concerns and complaints about the process, showing empathy throughout. She thoughtfully explained the pros and cons of pursuing further litigation if I was not satisfied with the offer, and she gave me ample time to make a decision that felt right for my situation. I never felt pressured to accept an offer that didn’t meet my needs. If I need legal assistance again, I would choose Cohen and Cohen and specifically request Ms. Skibicki as my attorney.
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Siayre Nichols
69 days ago
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I had Ms. Nicole handle my case and she was amazing! One of my biggest worries was having a lawyer who wouldn’t take my case seriously, but Ms. Nicole was went to bat for me and did an excellent job. I really appreciate you, Ms. Nicole!
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maraki solomon
82 days ago
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I had an excellent experience with Cohen & Cohen from start to finish. My lawyer was professional, responsive, and genuinely cared about my case. They explained everything clearly, kept me informed throughout the process, and made what could have been a stressful experience much easier to navigate. I truly appreciate all of their hard work, dedication, and support. I highly recommend Cohen & Cohen to anyone in need of a personal injury lawyer
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Christopher Ruiz
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Fantastic firm. The attorneys resolved my case with clear communication and genuine determination to see that I would be left in the best position possible. Special kudos to Nicole Skibicki for pushing through the finish line.
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Meredith Stasa
90 days ago
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I retained Cohen & Cohen after I was struck by a car and fractured my spine. Adam was kind, knowledgeable and truly an advocate throughout the entire settlement process. He was incredibly responsive to my calls, emails and texts, and always took the time to explain how parts of the admittedly complex process worked with insurance, etc. Adam was able to secure a settlement of the offender's maximum policy limit, and the process was completed within a year. 10/10 recommend!
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Nini Da Silva
95 days ago
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I rarely write reviews, but this experience was truly worth sharing. Cohen & Cohen exceeded my expectations throughout my case. Nicole Skibicki, Esq. was an outstanding attorney who demonstrated professionalism, compassion, and genuine care from start to finish. She took the time to listen whenever I needed to vent about my situation, and her empathy made a difficult process much more manageable. Nicole was a strong advocate on my behalf and worked diligently to ensure that I received a fair settlement from the insurance company. I always felt informed, supported, and confident that my case was in capable hands. I highly recommend Cohen & Cohen to anyone seeking a personal injury or accident attorney. If you want experienced legal representation, exceptional client service, and a team that truly cares about achieving the best possible outcome for you, this is the firm to choose. Thank you, Nicole and the entire Cohen & Cohen team, for your dedication and outstanding work!

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