A medical malpractice means a medical staff member, who was in charge of a patient, willfully acted or in omission caused the injury, illness or death of their patient. Most medical malpractice cases occur because of medical errors in treatment. To prove this type of case, it is important for the injured party to be able to establish and prove four elements so the torte of negligence can be awarded compensation. To get help with a Medical malpractice in Cedar Rapids, IA, it is best to consult with a lawyer.
What Four Elements Must Be Proven in a Torte of Negligence?
1. You must prove the doctor or medical staff had a duty to care for you. This is typically easy to prove, through medical bills and signed medical documents.
2. You will also need to prove the medical staff acted outside of the normal boundaries of accepted medical care practices.
3. As the injured party, you will need to be able to prove your injury or illness was directly caused by the willful actions or omission of the medical staff.
4. To have a torte of negligence case, you must have been damaged physically. You will need to prove your injuries through medical evidence.
What Happens When a Medical Malpractice Case Is Filed?
When your attorney files the case with the court, a time of discovery is given to both attorneys. During this time, any evidence discovered must be shared with the other party. This allows for many medical malpractice cases to be settled out of court, through an agreement between both parties. If an agreement cannot be reached, the case will head to court and your lawyer will bear the burden of proof, to prove you were injured by the medical staff. This will lead to the decision on whether medical malpractice occurred and what your awarded amount will be.
If you believe you have experienced medical malpractice, it is your right to pursue compensation for your injuries. For more information, Visit website at TRLF.com. They will be glad to represent you in your case and will work to make sure you get the justice and compensation you deserve.