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2016/02/26

Elements Of A Medical Negligence Claim In Philadelphia

By Margret Chang


Everyone makes mistakes - even doctors. Unfortunately, medical mistakes are more widespread than many people think. Despite many cases of medical malpractice in Philadelphia, these types of claims can be tricky. However, if an injury was caused by medical negligence, it's important to consider the options for a malpractice claim.

The Philadelphia medical malpractice lawyers at Lopez McHugh look for three important elements to prove and establish a medical malpractice claim. First, there has to be an established doctor-patient relationship. Next, the medical care provider must breach the standard of medical care. The third requirement is showing the negligence caused the patient's injuries.

Requirements For A Malpractice Claim

The first elements to prove in a malpractice claim is that the doctor-patient relationship existed. Philadelphia medical malpractice lawyers will work on this first by looking at the injured patient's medical records.

Medical facilities, from your family doctor's clinic to rehab centers to hospitals, are required by law to keep records of patients and their treatments. Going through all these records can be time consuming and complicated. Further adding to these complexities is the fact that many patients see multiple providers. However, with these records, a doctor-patient relationship is typically easy to establish.

Once that relationship is established, our medical malpractice lawyers will look for the second requirement - a break in the standard of medical care. This means that your doctor did not act as a reasonable and competent physician. The actions they took were negligent.

Demonstrating doctor negligence requires the use of expert medical opinions. Philadelphia medical malpractice lawyers will seek out other medical professionals and get their opinions on what should have been done in the circumstances of your case. These expert medical professionals will look at the information and offer their assessment.

If the expert opinion shows that your physician acted with negligence, then the negligent acts must be shows to have caused the injuries. Without an injury at the hands of a medical professional, there can be no medical malpractice claim.

This injury can include physical pain, emotional stress, future medical procedures, permanent impairment or other injuries that are related to the doctor's negligent acts. Expert medical opinion can also be used to make this connection between doctor negligence and patient injuries.

Time Limit For Malpractice Cases

If you need to file a medical negligence claim, the Philadelphia medical malpractice lawyers at Lopez McHugh can help. In most cases, a claim must be filed within 2 years of the original incident, and evaluating and preparing a case can often take months. It is important to get started as soon as possible.




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