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Posted in Medical Malpractice on April 26, 2016   |  by Gary Burger

Proving Medical Malpractice

Between 44,000 to 98,000 American deaths every year can be tracked to preventable medical errors. Approximately 80% of medical malpractice lawsuits result from cases that involve serious injury or death. In 2012 alone, medical malpractice payouts surpassed $3 billion, amounting to one payout every 43 minutes.

If you believe you've been a victim of medical malpractice, it's likely that a good personal injury attorney will be able to help you receive compensation for your damages.

Things you have to prove before moving forward with a medical malpractice claim:
•You have to prove that a doctor/patient relationship existed between you and the medical professional you are planning to sue. This means that at some point, you had to have officially employed the doctor or medical professional to treat you. This means that a friend or acquaintance who gives you casual medical advice can't be sued for medical malpractice.
•You have to prove that the doctor or medical professional treating you was negligent. This doesn't mean you felt neglected, it means that the doctor somehow harmed you in a way that they wouldn't have if they were a competent doctor in the same circumstances. Doctors are only required to be reasonably skillful and careful. If you can prove that they weren't, you likely have the basis for a medical malpractice claim.
•You must prove that it was the doctor's negligence that ultimately caused the injury. This can be hard to do, since you were presumably sick or injured when you needed the medical attention in the first place. Usually, you'll need a medical professional to support your claim that the doctor's negligence was the cause of the injury.
•Lastly, you must prove that the injury led to specific damages, like physical pain, mental anguish, additional medical bills and lost work or earning capacity.

The best personal injury attorneys to deal with your case are personal injury attorneys who specialize in medical malpractice claims and the complex laws surrounding them. Find the best best personal injury lawyer for your case and get the compensation you deserve.