The Requirements for Filing a Medical Malpractice Claim

Personal Injury Lawyer

When a patient is harmed or injured by their medical care provider who acted negligently in treating them, this is considered medical malpractice. Though the laws that regulate medical malpractice claims vary slightly from state to state, the basic claim eligibility requirements are fairly consistent. If you or a loved one was harmed by medical malpractice, contact a lawyer, like a medical malpractice attorney from The Law Offices of Konrad Sherinian, LLC, who can review your claim at no charge and tell you if they believe it will be considered valid by a judge and hold up in court.

As to the basic requirements for filing a medical malpractice claim, note that all of the following must apply in your case:

  1.   You were the patient, and the doctor was your physician. This may seem like a nonsensical requirement, but it prevents persons from filing frivolous medical malpractice lawsuits against doctors who they meet on a casual basis, and who are not actually their medical care providers.
  2.   The physician was negligent in the care that they provided to you. Negligence holds a strict legal meaning in this context. Your medical malpractice lawyer must be able to prove that you were seriously harmed after your physician provided treatment that was not consistent with recognized medical standards. In other words, they did not use the same manner or methods that a competent doctor is expected to use under the circumstances surrounding your condition. When a law firm represents injured patients, their medical malpractice lawyer can call upon medical experts to testify on their client’s behalf. Experts can and will provide testimony regarding the injury our client suffered and how it could have been avoided had they received proper treatment.
  3.   The negligence was the cause of the injury you sustained, and it resulted in causing you measurable and significant damages. In other words, you suffered more than a simple papercut. Depending on your circumstances, the injury could require surgery to reverse the damage. In this example, your claim would include the cost of surgery, possibly your pain and suffering as well, the income you cannot earn until you have sufficiently recovered, and more. Many types of damages are compensable, far more than most people realize. With the insight of a skilled medical malpractice lawyer from our firm, you have an excellent chance of recovering far more compensation than you may have anticipated.

Turn to a Medical Malpractice Lawyer Who Gets Results

Even a valid claim can easily get denied if it is not prepared properly or documented in full. If your claim has not yet been settled and the at-fault party’s insurance company is dragging their heals in closing it, a lawyer may be able to help you. Give a law office a call today and request a consultation with a medical malpractice lawyer.

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