A Guide to Hiring a Medical Malpractice Lawyer in Paulding County Nov09


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A Guide to Hiring a Medical Malpractice Lawyer in Paulding County

Medical malpractice happens when patients are harmed by doctors who fail to perform their duties competently. The rules, from when to file a claim to how the doctor must be notified, vary by location. However, there are broad categories and general principles that apply. Below is an overview of the law and some of these specific rules.

The Existence of a Doctor/Patient Relationship

To win in court, a Medical Malpractice Lawyer in Paulding County must show that the client had a professional relationship with the doctor being sued. If the doctor was treating the person, it’s easy to prove the existence of the relationship. However, questions often arise when a consulting physician did not provide direct treatment.

The Doctor’s Negligence

Medical malpractice cases sometimes focus on the physician’s negligence. Just because a person is dissatisfied with the treatment they’ve received does not mean the doctor has committed malpractice. The doctor must have been careless or negligent in connection with treatment or diagnosis. To file a malpractice claim, a client must be able to prove the doctor caused harm in ways that a competent physician, under similar circumstances, wouldn’t have.

The Cause of the Injury

Because many medical malpractice cases involve patients who had pre-existing conditions, questions arise as to whether the doctor’s actions caused the injury. For instance, if a patient passes away after cancer treatments, and the doctor was negligent, it could be difficult to prove that the physician’s negligence caused the person’s death. A Medical Malpractice Lawyer in Paulding County must prove by a preponderance of the evidence that the doctor’s actions caused the client’s injuries. This is typically done through medical testimony.

Specific Damages

Even if it’s clear that a doctor’s performance was below the minimum standard of care, a patient can’t sue unless they suffered harm such as:

  • Physical pain
  • Anguish
  • Medical bills
  • Lost wages and diminished earning capacity

Getting Help

Malpractice law is governed by a complex list of rules that can vary by jurisdiction, so it’s important to get representation or advice from an attorney. Visit Dsternlieblaw.com to get more information or to schedule a consultation.

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