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Can I get a witness? Testimony in medical malpractice claims

| Aug 15, 2017 | Medical Malpractice

If you recently visited a hospital for treatment of a medical condition, chances are, you probably expected to receive a certain standard of care during your stay. Unfortunately, sometimes things don’t go as planned, and you could be suffering the consequences.

Negligence among medical professionals is a significant issue that can put the health and safety of a patient at risk. If you have become the victim of negligence, you may wish to pursue financial restitution, but perhaps you are uncertain how to achieve this goal.

Elements of a medical malpractice claim

You might be wondering what you can do to prepare yourself to seek compensation, and understanding the process and its requirements could prove beneficial. However, a judge and/or the members of a jury may have little medical knowledge, potentially increasing the importance of testimony from an expert. This testimony may be crucial in determining the presence of the major aspects of a medical malpractice claim, which could include:

  • Duty of care:  The first step involves proving that a medical professional owed you a duty of care. This may be a given since a doctor is generally responsible for providing this care to all patients.
  • Breach of duty:  Proving that a breach occurred, generally via negligence, could be the most crucial step in the process. Whether through surgical error or even failure to diagnose, identifying and proving negligence could be a key component to pursuing compensation.
  • Injuries suffered:  To pursue restitution, a resulting injury must be present. In addition, you must also be able to prove that your injuries are due to the negligent actions of the medical professional in question.

With the potential gravity of the outcome of your claim, you might find it beneficial to seek guidance in the initial stages, which could help you gain a better understanding of what to expect and how to proceed.

Assistance moving forward

Suffering severe harm due to medical negligence can create numerous hardships in life, some of which may be challenging to overcome. You could be entitled to pursue restitution for damages, but the process can be stressful and intimidating. By speaking with someone with extensive knowledge in federal and Massachusetts state laws surrounding your situation, as well as a background in the medical field, you could obtain valuable insight and guidance, which may prove beneficial to pursuing the compensation you deserve through the necessary outlets.


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