Before entering into a medical malpractice claim, it is important to be aware of the basic requirements of filing a claim. All too often, people think their circumstances justify a medical malpractice case when they actually do not. Discuss your circumstances with a medical malpractice attorney in New Hampshire to determine if you have a claim. To prove the existence of medical malpractice, the plaintiff will need to show all of the following:
- There was an existing doctor-patient relationship- you must have hired a doctor in your situation. You cannot file a medical malpractice claim against a doctor that gave someone advice outside of work.
- The doctor that you hired acted negligently- some people believe that dissatisfaction with treatment means the doctor is negligent. Negligence means that your doctor acted in a way that was not reasonably skillful or careful when providing treatment or making a diagnosis.
- The negligence caused your specific injury- previous illnesses or injuries bring about complications when determining if the doctor caused the harm. Injuries can be caused by a prior illness plus negligence of a doctor, so it has to be shown that it is more likely than not the doctor's incompetence that led to the injury or harm.
- There were damages caused from the injury- you cannot file a medical malpractice claim unless you actually suffered harm such as pain, mental distress, additional expenses, lost income, etc.
To have the best chance of winning your case, you need to have a skilled New Hampshire personal injury lawyer by your side. Also, your case needs to be brought as soon as possible after the injury. An expert testimony is necessary, so choosing your expert wisely can be beneficial to your case as well. These cases are complex, but there are ways to better your chances of success. Call Mulvey, Cornell & Mulvey today to discuss your case and create the plan with the best chance of winning.