If you\u2019ve fallen victim to substandard medical care, you likely have a lot of questions. This is a good thing; medical malpractice is a complex area of the law, and untangling the uncertainties around your case will help you to decide on the best course of action for you.<\/p>\n\n\n\n
Here, we\u2019ve looked at four of the crucial considerations for anyone considering a medical negligence lawsuit<\/a>. <\/p>\n\n\n\n In order for medical malpractice to occur, a doctor-patient relationship must exist at the time of the alleged negligence.<\/p>\n\n\n\n Say, for example, you seek medical advice from a physician, but decide against allowing the doctor himself to carry out the recommended course of treatment. Instead, you decide to use their advice to design and self-administer your own treatment plan. A court would likely find that no doctor-patient relationship exists in this case, and you would not be entitled to any compensation from the advising physician.<\/p>\n\n\n\n However, the rules in this area aren\u2019t written in black and white. If you\u2019re not sure how they\u2019ll apply in your situation, you should schedule a free initial consultation<\/a> with one of the experienced medical malpractice attorneys at the Cochran Firm in Philadelphia. We\u2019ll be able to tell you whether negligence may have played a role in your case and advise you on the best strategy moving forward.<\/p>\n\n\n\n \u201cStandard of care<\/a>\u201d is the yardstick used to determine whether a given set of circumstances surrounding medical treatment amounts to negligence. It refers to the actions a reasonable medical professional with appropriate knowledge and skills for the case in question would have taken in your situation.<\/p>\n\n\n\n When discussing standard of care, the specialty of the doctor or nurse in question is a crucial consideration, as is the extent of their experience in the field. For example, a general physician would not be expected to have the same level of expertise around brain injuries<\/a> as a neurosurgeon.<\/p>\n\n\n\n Standards of care are highly technical, and they vary widely from case to case. For this reason, testimony from independent experts is frequently necessary to prove deviations from standards of care in these cases. Our medical malpractice attorneys have connections with the best medical professionals in the Philadelphia area, so our firm is well-positioned to build strong arguments in these situations, even when things get complicated.<\/p>\n\n\n\n The previous two questions deal with the establishment of negligence, but this isn\u2019t sufficient for a medical malpractice claim to succeed. You must also be able to show that the negligence caused you some form of real, compensable damage.<\/p>\n\n\n\n Damages can be economic (medical bills, lost wages, other expenses) or noneconomic (physical pain, emotional suffering). However, you will not be entitled to compensation from a healthcare provider simply because they made a mistake. Even if the care you received was grossly negligent, you won\u2019t be able to claim damages unless an error hurt you in some way. <\/p>\n\n\n\n It\u2019s worth noting that plaintiffs in some cases get additional compensation through punitive damages<\/a>. Rather than compensating you for some loss you\u2019ve suffered, these damages punish the defendant for grossly negligent or malicious conduct.<\/p>\n\n\n\nWas a Doctor-Patient Relationship Established?<\/h2>\n\n\n\n
Was the Standard of Care Met?<\/h2>\n\n\n\n
What Specific Damages or Injuries Did You Suffer?<\/h2>\n\n\n\n