The 4 Criteria Lawyers Use To Determine If You Have A Medical Malpractice Case

Posted on: 15 May 2019

Determining if you have a medical malpractice can be tricky, which is why many attorneys have a criteria they depend on when determining if a case meets the standards for medical malpractice.

#1 Did the Doctor Perform Their Duty?

The first thing that your lawyer has to look at is if your doctor performed their duty. Based on the condition that you had, did the doctor do what they should have done for you? Did they treat you and give you the type of care that someone with your medical condition should have been given and that someone with their level of training should have been able to provide you with. Your lawyer will need to determine if your doctor fulfilled their legal duty to you or not.

#2 Did the Doctor Not Meet the Expectations of the Patient?

Second, your attorney is going to look at how your doctor met your expectations and if your expectations were reasonable. For example, if you came in for a broken leg, it would be reasonable to expect the doctor to correctly set your leg and put it in a cast. It would not be reasonable to think the doctor could fix your leg and have you walking again within a few days.

Your attorney will make sure that you have realistic expectations and will figure out exactly how your doctor didn't meet those expectations.

#3 Did the Doctor Cause Neglect by Not Performing Their Duty?

Third, your attorney will need to look at your case to see if your doctor caused neglect to occur in your medical care by not performing your duties. This can be tricky. Your attorney will need to gather medical experts that can show that the doctor didn't do what they should have done and also show your doctor neglected to give you fair care.

#4 Did the Doctor's Actions Cause You Damage?

Finally, your attorney will need to see if the doctor caused you damage. Did you need extra medical care because of the doctor's neglect? Were you sick for longer than you should have been? Was your overall health harmed? You generally have to have suffered some form of damage in order

If you are hurt by a doctor and think the injury or mistreatment was caused by the doctor failing to perform their duty to you, schedule a consultation with a medical malpractice lawyer to see if you have a case.