In order to determine if you may have a medical malpractice claim, you must be able to show that a medical professional caused some sort of injury due to their failure to perform their medical duties as expected by the patient. There are strict guidelines that vary statewide to determine if you have a medical malpractice claim, but in general, there are some rules that can help you determine if you have cause for a lawsuit.

What determines medical malpractice?

A medical malpractice lawsuit involves proving that:

• A doctor-patient relationship existed between the medical professional and yourself;
• The doctor was negligent in your diagnosis or treatment;
• This negligence is the direct cause of the injury acquired; and
• Specific damages were caused as a result of the injury.

Specific damages often include physical pain, additional medical bills, loss of employment, and mental pain and suffering.

There are a number of ways that a doctor can be accused of medical malpractice, but many of those scenarios involve failure to diagnose a condition that another doctor in their field would have noticed, improperly treating a patient, or failing to warn a patient of the risks associated with their procedure or course of treatment. If a doctor is found to have done any of these, then they may be liable for the injuries that occurred as a result.

What do you do if you have a malpractice claim?

If you believe you may have a medical malpractice claim, it is imperative that you speak with an attorney soon after you experience the injury. Waiting too long can result in the court dismissing the claim even if there is overwhelming evidence of the doctor's guilt. Once you have filed a claim, it will likely go to a malpractice review panel, which will determine if there is a legitimate case against the doctor. This panel's advice will likely be used in court, but can also make the difference between a case being seen by the court or being dismissed. Additionally, going to court will require the presence of expert witness testimony.

Hiring a medical malpractice attorney is the first step to take if you have been injured at the hands of a medical professional. These legal advocates can help you navigate your state's rules, regulations, and damage award caps to get you the compensation you deserve for subpar medical treatment.