What Makes A Successful Medical Malpractice Claim?

Medical malpractice claims are not the same as most other personal injury cases. Building a successful claim often requires a far greater investment of time and resources.

When you meet with our lawyers at Carter Craig, Attorneys at Law, of Danville, Virginia, to discuss your case, they can learn more about your case and help you determine if you have a strong case or not.

For a medical malpractice claim to be successful, you typically need to prove three things:

  • Duty: You must prove that a doctor, nurse or other health care provider owe you a certain duty of care and that they failed to live up to that standard. For example, an unsuccessful surgery is not necessarily medical malpractice, but your doctor leaving a surgical instrument inside of you likely is.
  • A link between the actions and the injuries: You will need to prove that the provider's negligent actions caused you harm. The link could be that the doctor leaving a surgical instrument inside of you caused a serious infection that required extensive treatment.
  • Damages: You must then prove the financial damages that your injuries have caused you. Medical malpractice cases require a great deal of resources, because your lawyer will need to work with expert witnesses and investigators from the medical field. Therefore, most medical malpractice cases will need to be seeking a significant amount of compensation.

Remember What Can Harm Your Case

It's just as important to remember what can cause serious harm to your case. You should not speak with insurance adjusters or lawyers representing your health care provider without your own lawyer present. Additionally, you do not have to sign any releases or request for medical records. Do not talk about your case on social media, as the defense will likely be monitoring your activity.

Get The Help You Need From Experienced Litigators

To determine if you have a strong medical malpractice claim, there are no better lawyers to talk to than ours at Carter Craig, Attorneys at Law, who have more than 60 years of combined experience dealing with cases like these. To learn more, schedule a free consultation online or call our office in Danville at 866-605-6017 or 434-710-4794.