Cranwell & Moore P.L.C., Attorneys at Law

Key factors of a strong medical malpractice case

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People trust physicians to provide the care needed to keep them and their loved ones healthy. Unfortunately, some physicians may cause injury due to negligence or improper acts.

In such instances, individuals may be able to receive compensation through a medical malpractice claim. To form and execute a case properly, there are a few key factors to be aware of.

Definition

Medical malpractice occurs when a physician does not provide the level of care required in a specific scenario. If a physician does not extend the same level of care another prudent health professional would in the same scenario, the physician in question may be held accountable for any negative outcomes of the negligent actions. Virginia statute 8.01-243 clearly states the parameters in which individuals may file a medical malpractice claim. It may be helpful for interested parties to become familiar with such pertinent legislation.

Evidence

Sometimes, injury or harm is not preventable. In such cases, a physician may not be guilty of malpractice. To successfully prove wrongdoing, a person must have the proper evidence to show a physician acted in an ill manner. Common evidence that may help in drawing this conclusion includes:

  • Expert witness testimony
  • Hospital records (if applicable)
  • Medical records from the physician

Sometimes, it may be difficult to obtain the needed proof. In such instances, it may be beneficial to work with a knowledgeable attorney.

Damages

Depending upon who is filing, individuals may seek different types of damages. For instance, a victim of malpractice could seek compensation for medical bills and lost wages, while family members of a deceased person may file for loss of quality of life. These are just a few of the possible damages either party may receive.

As you can see, medical malpractice is not always easy to prove, but it can be worth it. Take some time to become familiar with the process to determine if it is a good legal option for you.

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