While nobody should suffer harm because of a healthcare provider’s carelessness, it happens more than you might expect. When a doctor or other certified medical professional fails to meet their moral and legal obligations and causes a patient to sustain damages, a court could hold the medical professional or their insurance company financially accountable.
Fortunately, if you do suffer harm at the hands of a licensed medical professional, you could recover damages with the help of an experienced personal injury attorney. A seasoned Moundsville medical malpractice lawyer at Bordas & Bordas could help you explore your legal options.
Medical malpractice cases involve proving that a physician or other healthcare provider failed to provide you with a professional standard of medical care and, as a result, you suffered harm.
There must be evidence of a doctor-patient relationship, and the elements of malpractice must be present. A knowledgeable medical malpractice attorney in Moundsville could explain this in more detail, but, basically, the elements necessary to collect a settlement include:
Certified healthcare workers and facilities have an obligation and legal responsibility to give patients a certain standard of professional care. A violation occurs when they fail to provide an acceptable level of medical care that any other professional in the same field would have given.
The case must prove that the defendant violated their legal duties as a certified healthcare provider and show that their actions played a role in harming the patient. Proving that the violation was the only cause is unnecessary, but a relationship must exist between the healthcare provided and the injury sustained.
Finally, the lawsuit must show that the claimant sustained establishable damages. Evidence such as medical records, doctor bills, and expert testimony could be used to support the case.
After establishing liability, recoverable damages may include:
The above list includes some of the most common damages from malpractice cases. Depending on the specifics of the case, you could be eligible for other losses. A Moundsville medical negligence attorney could help you collect the necessary evidence to prove liability and the damages and losses you suffered as a result.
State statute requires the plaintiff in medical malpractice cases to have a certified healthcare professional practicing in the same or similar field to review the case before petitioning the court. West Virginia Code § 55-7B-6 states that the individual reviewing your case must determine if there is cause for action against the physician and must provide a statement relaying their findings to the court.
The affidavit must show evidence supporting the claim that the defendant failed to meet a professional standard of treatment and care and that you, the patient, sustained damages. A qualified medical malpractice lawyer in Moundsville could handle all the necessary legal work for you, including locating a provider that meets the guidelines to obtain the affidavit.
If a medical care professional caused you or a loved one harm, it’s important to establish their liability and recover damages. While civil laws grant you the right to pursue legal action, malpractice cases are complex and involve an extra step that is not required in other personal injury claims.
An experienced Moundsville medical malpractice lawyer could provide sound legal advice to help you meet the requirements for a successful settlement. We offer a free consultation to review your case and discuss your options. Get in touch today to start the process.
