When you think about medical malpractice, think negligence. That is the legal theory underlying medical malpractice. Malpractice occurs when a patient suffers a personal injury that happens because a medical practitioner provides negligent or incompetent care.
Types of medical malpractice. Suing a physician for medical malpractice may result from several breaches of care:
Proving medical malpractice. Bringing a medical malpractice action means the burden of providing the evidentiary proof of your claim is on you, the plaintiff. In other words, if you want to prevail when suing a physician or facility for medical malpractice, you need to prove four things:
The toughest challenges for any malpractice case. It’s relatively easy to prove that you are the physician’s patient. You will find medical records, receipts, insurance records, and written communications from the physician useful in proving your physician-patient relationship. Physicians rarely argue against this issue but you must still provide the evidence in order to have legal standing to sue.
How much evidence do you need? You will hear your lawyer talk about the burden of proof (remember that’s on you). In medical malpractice cases, like other civil cases, the burden of proof is the preponderance of the evidencestandard. Preponderance of the evidence means that the weight, force, accuracy, and importance of the evidence convinces the judge or jury that the negligence is the cause of your injuries. It doesn’t mean the amount of evidence.
State considerations. You will want to consult a medical malpractice attorney because some states have additional requirements that you must satisfy before you can bring a medical malpractice case. State requirements can include a certificate of merit or a medical board review to grant you the right to bring a case to court.
At Saladino & Schaaf, we have years of experience representing Kentuckians in personal injury lawsuits. If you’ve been injured through no fault of your own, contact us online or at (270) 444-0406 to schedule a free consultation today. You may be entitled to significant compensation, but the clock is ticking.
Saladino & Schaaf, PLLC is dedicated to providing high quality, aggressive legal representation to victims of personal injury and wrongful death. Since 1984, this firm and its predecessors have had one goal in mind – to help the victims of personal injury put the pieces of their lives back together.
Saladino & Schaaf, PLLC is a Personal Injury Law Firm located in Paducah, KY and serves clients throughout Kentucky and Illinois.
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