While medical malpractice cases come in all shapes and sizes, these cases all contain some of the same core elements. Regardless of the circumstances, in order for a medical malpractice case to be successful, an injured plaintiff must be able to prove the existence of several critical factors. If you believe that you have been injured after being treated by a Philadelphia medical professional, it's important to understand the basic elements that must be proven in a medical malpractice case.
The Existence of a Doctor-Patient Relationship
The first element that a person must prove in any medical malpractice case is that a doctor-patient relationship existed between the injured plaintiff and the medical professional that caused the injury. An injured plaintiff must be able to prove that a doctor had a duty to provide medical care to the plaintiff and agreed to provide medical treatment. A person who suffered detrimental health consequences after following advice given by a doctor during an annual doctor's visit, for example, would be able to prove the existence of a doctor-patient relationship. A person who followed advice she overheard a medical professional telling to another person in line at the grocery store, however, would not be able to establish a doctor-patient relationship.
Subpar Medical Care or Advice Given by the Doctor
When treating a patient, a doctor can't simply dole out medical care or advice with no rhyme or reason. Instead, a medical professional must live up to the "medical standard of care." To put is simply, a doctor has to provide the same level of care that a competent medical professional would reasonably provide if presented with a similar set of circumstances. This is often proven by hiring an expert witness--usually another medical doctor or medical professional--to testify regarding how a reasonable medical professional would have acted if they were in the same position.
Causation Between the Doctor's Actions and Your Injuries
To be successful in a medical malpractice case, it isn't enough to show that a doctor's medical care wasn't up to snuff; an injured plaintiff must also prove that he or she suffered injuries as a result of the doctor's negligent medical care. A decline in a person's health after seeing a doctor, for example, doesn't always mean that the doctor's actions were the cause--sometimes even the best doctors can't treat a patient's condition. A plaintiff must be able to show that they would not have suffered the injuries they have sustained if it weren't for the advice or treatment that the medical professional provided.
Injured by a Doctor's Actions or Advice? We're Here to Help
If you have suffered damage to your health due to advice or medical care provided by a Philadelphia medical professional, seeking advice from a qualified medical malpractice attorney is one of the best steps that you can take to protect your legal rights and better your chances of obtaining the compensation that you deserve. To discuss your case with a member of the Gilman & Bedigian legal team, fill out an online case evaluation form or call (800) 529-6162 today.