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Everyone makes mistakes - even doctors. Unfortunately, medical mistakes are more widespread than many people think. Despite many cases of medical malpractice in Philadelphia, these types of claims can be tricky. However, if an injury was caused by medical negligence, it's important to consider the options for a malpractice claim.
Philadelphia medical malpractice lawyers look at three elements when determining if a claim is possible. These three parts are: Can a doctor-patient relationship be established? Did the doctor breach the established standard of medical care? Did the medical provider's negligence cause injury to the patient?
Medical Malpractice Requirements
The first thing that must be shown to have a medical negligence claim is that the doctor who is being accused and the patient who was injured had an established doctor-patient relationship. To do this, Philadelphia medical malpractice lawyers must start with a review of all of your medical records.
Every medical facility must keep patient records - this is required under the law. Every doctor's office, hospital, rehabilitation facility, etc. must have detailed records for each patient, who treated them, what treatments were given, etc. These records are often lengthy and complex, and the process of sorting through them can be time consuming. However, this is a crucial step in proving the malpractice claim.
Once that relationship is established, our medical malpractice lawyers will look for the second requirement - a break in the standard of medical care. This means that your doctor did not act as a reasonable and competent physician. The actions they took were negligent.
Demonstrating doctor negligence requires the use of expert medical opinions. Philadelphia medical malpractice lawyers will seek out other medical professionals and get their opinions on what should have been done in the circumstances of your case. These expert medical professionals will look at the information and offer their assessment.
If expert testimony agrees that the standard was breached, then the next element of the case to be demonstrated is that the doctor's negligence caused injury to the patient. If no injury was caused, then no malpractice case exists.
In this final test of medical malpractice, the patient must prove that physical pain, permanent impairment, emotional stress, or future medical procedures suffered by the patient are connected to the doctor's negligent acts. The expert opinion can be used to determine this connection, proving that the standards of medical care were broken.
Deadline To File Malpractice Claims
With few exceptions, a malpractice claim must be filed within 2 years of the original negligent event. These types of cases can take some time to evaluate and prepare, so getting started with help from a Philadelphia medical malpractice lawyer right away is important.
Philadelphia medical malpractice lawyers look at three elements when determining if a claim is possible. These three parts are: Can a doctor-patient relationship be established? Did the doctor breach the established standard of medical care? Did the medical provider's negligence cause injury to the patient?
Medical Malpractice Requirements
The first thing that must be shown to have a medical negligence claim is that the doctor who is being accused and the patient who was injured had an established doctor-patient relationship. To do this, Philadelphia medical malpractice lawyers must start with a review of all of your medical records.
Every medical facility must keep patient records - this is required under the law. Every doctor's office, hospital, rehabilitation facility, etc. must have detailed records for each patient, who treated them, what treatments were given, etc. These records are often lengthy and complex, and the process of sorting through them can be time consuming. However, this is a crucial step in proving the malpractice claim.
Once that relationship is established, our medical malpractice lawyers will look for the second requirement - a break in the standard of medical care. This means that your doctor did not act as a reasonable and competent physician. The actions they took were negligent.
Demonstrating doctor negligence requires the use of expert medical opinions. Philadelphia medical malpractice lawyers will seek out other medical professionals and get their opinions on what should have been done in the circumstances of your case. These expert medical professionals will look at the information and offer their assessment.
If expert testimony agrees that the standard was breached, then the next element of the case to be demonstrated is that the doctor's negligence caused injury to the patient. If no injury was caused, then no malpractice case exists.
In this final test of medical malpractice, the patient must prove that physical pain, permanent impairment, emotional stress, or future medical procedures suffered by the patient are connected to the doctor's negligent acts. The expert opinion can be used to determine this connection, proving that the standards of medical care were broken.
Deadline To File Malpractice Claims
With few exceptions, a malpractice claim must be filed within 2 years of the original negligent event. These types of cases can take some time to evaluate and prepare, so getting started with help from a Philadelphia medical malpractice lawyer right away is important.
About the Author:
If you've been injured by Philadelphia medical negligence, it's important to get help as soon as possible. Contact the medical malpractice lawyers in Philadelphia at Lopez McHugh today.
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