3 Things You Need To Prove Medical Negligence
In an ideal world, every doctor would always do their best, and there would always be positive outcomes. However, this is not an ideal world, and sadly there are medical mistakes made every day that cause people pain and suffering. If you have been a victim to medical negligence, you might be wondering what you need to prove that there was fault from the doctor. Here are some things that you need to prove medical negligence.
1. The Doctor Had To Have A Relationship and Duty To You
In order to have grounds for a medical negligence case, you need to have a relationship with the doctor and prove that they had a duty to you. This usually means that there was a doctor-patient relationship. For instance, if you were in an accident and a doctor happened to drive by and tried to help, but was unable to help you, this probably wouldn't be medical negligence. This is because there was no patient-doctor relationship, so they had no duty to you.
In most cases, you will go to the doctor for a certain procedure or treatment. In this case they would have a duty to you, and you could prove a relationship.
2. The Doctor Had To Have Acted Unreasonably
In some cases people are still injured or there is an unfavorable outcome despite the best efforts of the doctor. You cannot expect that every time a procedure does not go well the doctor is at fault and deserves to be sued. Instead, you have to be able to prove that the doctor acted unreasonably. One way to determine this is to see what other doctors would have done in the same situation. For example, if other doctors say they would have done the save thing in the same situation, then there is no negligence. However, if other professionals feel that the route taken was incorrect or irresponsible, then there is a good chance there was negligence.
3. There Has To Be An Injury
Even though a doctor may have done something wrong, if there was no injury, then there is no reason to ask for damages. You have to be able to prove that because of the doctor's actions you now have pain and suffering. If you felt like a doctor made a mistake, but you have no lasting problems or pain because of it, the doctor may get disciplined through their licensing board, but you are not entitled to any damages.
By understanding these things you can know if you have ground for a medical negligence case. Contact a lawyer specialized in medical malpractice like Davidson Law Center Inc for more information.