There is one big factor that sets medical negligence cases apart from all other personal injury cases: the plaintiff was already dealing with health problems prior to the incident that triggered the filing of the claim. After all, nobody seeks out medical attention unless they already ill or injured. When a patient is taken in for surgery, they were already dealing with a condition that needed surgery to be rectified. And they certainly don’t need any negligence that can leave them impaired or injured after the treatment or misdiagnosis.
What It Takes To Win A Medical Negligence Case
First, you will need to prove that the health care professional owed you a duty of care. This is simply achieved by proving that you were one of their patients at the time the incident took place. Next, you will need to prove that this duty of care was breached, likely through negligence. This could be a failure to diagnose, a failure to warn of important risks that come with the suggested treatment options, and so on. Once negligence has been established, your injury lawyer in Leamington will need to prove that this negligence was directly responsible for sustained losses or injuries that you would not have suffered, had the health care professional not been negligent.
How To Support Your Claim?
The best way to support a medical negligence claim is to hire a lawyer who can help you contact expert witnesses and gather all records necessary to build a comprehensive case. All gathered evidence should be presented by a lawyer with experience in the field of medical negligence.
There is no better way to support a medical negligence claim then by having other medical experts speak out on your behalf. However, while this expert may predict that your treatment would have been more successful, or that your injury had not occurred, if it weren’t for the medical professional’s negligence, the defendant’s side may also bring forward an expert witness who will say otherwise.
While it is important to hold people accountable for their actions, including medical professionals, you should file your claim without false expectations of early settlements. Lawsuits are no easy undertaking. They can take years to settle and settlements are rarely completely satisfying. Be prepared to face a lot of paperwork, legal fees, and long and frustrating periods of pure negotiation between you and your lawyer, and the health care professional’s legal team. You also shouldn’t be overconfident in your chances of winning. Medical negligence law is highly complex and specific. But having the right injury lawyer in your corner can turn it in your favor.