How to Decide if You Have a Medical Malpractice Case

How to Decide if You Have a Medical Malpractice Case

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With a rise in health insurance participants has come a rise in healthcare participation. Unfortunately, that also means more medical mistakes. If you think inadequate care has cause physical, mental or financial problems, your best course may be to pursue medical malpractice in Denver. Before you pull out the torches and pitchforks, you can learn what determines whether or not you have a case on your hands.

Basic Requirements

To have a malpractice case, three basic requirements must be met. You must be able to prove that a patient-doctor relationship existed, that the doctor was negligent and that the negligence caused measurable harm. In legal terms this feels pretty complicated, but the basics are simple enough.

Doctor-Patient Relationship

The necessity of a relationship protects doctors from unofficial statements. If you hear offhand advice from a doctor who hasn’t seen you in an official capacity, there is no legal relationship. Typically, relationships can be proven because you paid the doctor to see or treat you. In some cases this can get convoluted if a doctor only consults on your case but gives damaging advice. In those instances, a quick chat with a medical malpractice practitioner can help resolve uncertainty.

The Doctor Was Negligent

It is not enough for a doctor to provide below-average care. After all, medicine is a skill and some doctors will perform better than others. Proving negligence requires you to demonstrate that you were harmed when a competent doctor in the same situation would not have caused a problem. This usually involves expert witnesses, medical review boards and a whole lot of technical analysis. You don’t need all of that to decide if you should talk to a lawyer. Instead, consider the simple question: do most people who underwent your procedure come out better than you? If so, was the doctor able to adequately describe why your case was different? If you aren’t satisfied with both of those answers, it’s time to get legal counsel.

The Negligence Caused a Measurable Problem

This is trickier than it sounds. Typically speaking, we don’t see a doctor until we already have a problem. If a doctor can’t resolve the problem but doesn’t make it worse, then there usually isn’t a malpractice case. Instead, you have to be able to show that the doctor’s advice or actions led to additional physical pain, mental anguish or lost income. The first two are easiest to prove if the doctor directly caused an injury. The third can be shown if the doctor’s diagnosis or treatment plan caused or extended an absence from work.

If you meet the basic requirements, then you just might have a legitimate malpractice case on your hands. Before you jump straight into the fight, start with a legal consultation. Medical Malpractice in Denver isn’t always the best first step. In some cases, the doctor or facility responsible will be willing to try and correct a problem without legal intervention. If other options are exhausted, then a malpractice suit may be necessary.

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