If you believe a doctor, hospital staff member, or other medical professional made an error while treating you, you may have a medical malpractice case. However, in order to be successful, your claim must have the following key elements:
- Medical negligence – You must be able to prove that your doctor failed to adhere to the accepted standard of medical care during your treatment. This is grounds for medical negligence, which is the foundation of all medical malpractice claims.
- An injury or illness – If the doctor’s error did not cause you any harm, you cannot file a medical malpractice claim. You must establish that an injury or illness resulted from the medical mistake.
- Causation – Even if you successfully prove that medical negligence occurred, and that you have an injury, there is still one more element needed for an airtight claim: you must be able to demonstrate a direct connection between the doctor’s mistake, and your current condition. Proving causation often requires the help of expert medical witnesses and investigators.
During a free consultation, Attorney Jim Leach can evaluate your claim to determine whether or not you have a case worth pursuing. Keep in mind that not every bad medical outcome qualifies as medical malpractice. All medical treatment involves some level of risk: the question is whether or not the doctor was negligent in a way that breached their duty to you as a patient.
If you live in West Virginia or Ohio and have further questions about medical malpractice, please contact Jim Leach, L.C., today or call 1-304-865-8530 for a free case evaluation. We can help you fight for the full amount of compensation you deserve.