Medical malpractice occurs when a doctor or medical professional performs negligently in their care of a patient. While each case can greatly vary, here are some general factors that you must prove in your case.
- You had a relationship with the medical professional. If you agreed to enlist the services of the doctor, and the doctor agreed to provide medical service, then you have a case. Medical malpractice cannot be proven without an existing agreement.
- The medical professional was negligent. You must be able to show that the doctor did not show the proper care that a reasonable doctor would have. They are not required to provide perfect results for your medical needs or provide the best care. Medical professionals are; however, required to behave reasonably skillfully and carefully. To prove this, you and your legal team will probably have to bring in expert witnesses that can attest to a doctor's negligence.
- Your injury was a direct result of the medical professional's negligence. You must be able to show that the doctor likely caused your injury or increased damage to an existing injury. Since patients often have a medical injury before the incident occurred, this can be difficult to prove.
- You incurred damages as a result of the injury. You must show the different damages that you faced because of your injury, such as physical pain, emotional and mental pain, additional medical bills, lost wages, and lost earning capacity.
To sum each of these up, you need to prove, duty, breach of duty, injury, and damages.
Schedule a Consultation to Discuss Your Case
If you think that you have a medical malpractice case, then you need an experienced legal team at your side to help you prove your losses. Contact DeLorenzo, Grasso & Dalmata by calling the office at (518) 299-0314 or submitting an online form to speak with our lawyers. We are available 24/7 to answer any questions or concerns that you may have.
Our qualifications include:
- Multiple malpractice cases successfully litigated for millions of dollars
- More than 75 years of legal experience.
- Named one of the best personal injury law firms in Schenectady by the Capital Region Business Review
You can trust our firm to take on your case. Get in touch with us today, before it's too late.