How Do I Prove That My Doctor Acted Negligently?

Posted By Brandon J. Broderick, Attorney at Law

28 Aug. 2014

While there are many different types of medical negligence, doctor error does not always equate to medical malpractice. When a doctor acts carelessly or is negligent in his or her duties, and you experience pain and suffering as a result, then you may have grounds to pursue legal action against that doctor. Failing to diagnose or misdiagnosing a serious illness, prescribing or administering the wrong medication, performing unnecessary surgery or making surgical errors, causing a birth injury and delaying necessary treatment are all examples of medical negligence. Before you can file a lawsuit or claim seeking damages, you must first prove your doctor acted negligently. To do this you will need to provide conclusive evidence to show:

  • A doctor-patient relationship existed. Obtaining medical advice from a doctor online in a chat room does not mean there is a doctor-patient relationship. As long as you are under the professional care of a doctor and that doctor is being paid for treating you, then a doctor-patient relationship exists.
  • Your doctor was negligent in his or her duties. When you go to a doctor or specialist seeking medical attention, you expect that doctor to have the knowledge and skills necessary to provide you with a certain standard of treatment. If your doctor failed to provide the same level of care that a competent doctor, under the exact same circumstances, would have provided then he or she was negligent. Expert witnesses and medical professionals in the same field are often used to prove negligence in these types of cases.
  • Your injuries were caused as a direct result of your doctor's negligence. Proving this direct connection is not always a simple task. People generally do to the doctor when they have already contracted an illness, sustained an injury or are otherwise in need of medical care. To prove negligence, it will be necessary to show it is "more likely than not" your doctor's actions were directly responsible for causing you serious injury or harm. Medical experts can be called in to testify to this being the case.

As long as clear evidence is provided to show that your doctor acted negligently then you will be able to pursue financial remuneration for expenses relating to the physical pain you were caused, the mental or emotional anguish you had to endure, any additional medical expenses incurred and any loss of income you experienced.

If you sustained injuries that you believe were caused as a result of your doctor acting negligently, a Bergen County personal injury lawyer from our law firm can help you prove your claims. Our lawyers have years of experience representing accident victims and providing legal assistance to those injured as a result of another person's negligence. We are steadfast advocates for victims' rights and we do not back down in the face of adversity, even when going up against large medical corporations or their insurance companies. Our long record of success, along with the substantial settlements and judgments we have won on behalf of our clients, is a clear indication of our dedication. Call Brandon J. Broderick, Attorney at Law today to find out what we can do to help you substantiate your claims of doctor negligence.

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