What You Must Show to Proceed with a Medical Malpractice Claim


If you’ve been injured or contracted an illness, and sought medical attention, you expect that, at a minimum, your condition won’t worsen because of the care you receive. If that happens, you have the right to pursue compensation for your losses in a medical malpractice lawsuit. There are, however, basic requirements that must be met before you can win a damage award for a doctor’s negligence.

You Must Have Been under the Doctor’s Care

Before you can bring legal action for negligence, you must demonstrate a doctor-patient relationship. If you have seen the doctor, either in his or her office or at a hospital and you have been or will be billed for that visit, that shouldn’t be too difficult to prove. However, if you attend a lecture by a doctor who recommends a course of treatment, you may not be able to bring a lawsuit for malpractice if you try that treatment and it does not work.

You Must Show that the Doctor Did Not Meet the Required Standard of Care

In all personal injury claims based on negligence, you must show that the actions of the defendant fell below those reasonably expected. For a doctor, the standard is a little different—the care provided must be at the same or a higher level than that given by a reasonably competent and skilled doctor with the same training in the same medical community.

You Must Prove a Link between the Doctor’s Breach of Care and Your Injury

First, you must show that, had the doctor not breached the duty of care, you would not have suffered your injury. In addition, you must demonstrate that the injury you suffered was reasonably foreseeable based on the negligence alleged.

You Must Have Sustained Actual Losses

If you had medical expenses, but they were all paid by insurance, you don’t have an actual loss, because you did not have to assume the burden of any expense.

Contact the Law Offices of Mallon & Tranger

To learn how we can help you if you have been the victim of medical negligence, contact us online or call us at 732-410-6094 (toll free at 877-320-0692). There is no charge for your first meeting. We have offices in Freehold, Toms River and Point Pleasant.

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