Any careless mistake made by a doctor during a diagnosis or treatment affects the well-being of the patient and sometimes leads to wrongful death in Albuquerque. But, most of the patients are unaware of the fact that they can file a medical malpractice claim during such complicated situations.
Medical malpractice case can be filed when the mistake is made by the healthcare professional or the facility. This claim should be established through evidence and testimony by the plaintiff and his or her legal team headed by a medical malpractice attorney in Albuquerque.
The Basic Requirements to File a Successful Medical Malpractice Lawsuit
- Existence of a doctor-patient relationship
- Medical attention provided by the health care professional or the facility that falls below the accepted standard of medical care.
- Proof of link between the medical negligence of the care provider and patient’s injury or harm.
- Irreversible harm or damage to the patient.
The Medical Standard of Care
The medical standard of care is one of the most significant factors to consider filing a successful medical malpractice claim. The medical malpractice attorney in Albuquerque should file a suit featuring the appropriate medical standard of care that should apply to the patient’s case and how the medical professionals fell short of meeting that standard.
The next step is to establish a suit that explains how the medical standard of care was breached by the health care professionals and should provide the critical evidence through detailed testimony, the appropriate course of treatment option and diagnosis methodology, and what your health care provider did at the stage of care.
An important point to consider here is, sometimes an error may occur even if the health care professional provides the appropriate medical standard of care due to the complexity of the case. If this was disclosed properly to the patient before pursuing the treatment or diagnosis, then the error is considered negligible.
Finally, proving the mistake committed by the health care professional during the treatment process is not enough to file the medical malpractice suit. You should also show that there is a strong relationship between the doctor’s mistake and the harm occurred to the patient. This means, your medical malpractice attorney in Albuquerque should show that without this negligence, the patient would not have experienced drastic worsening of health.
Questions to Ask Your Attorney
If you find out that your medical condition was affected due to medical negligence and is not sure about the steps to be taken to file a medical malpractice case, ask the following questions with your attorney to come to come up with a solution.
- I have been injured due to medical negligence. Should I file the medical malpractice suit in my home state or in the state where I received treatment?
- Can you represent me in either state?
- Does the state in which I am filing a medical negligence have ‘tort reform’ that limits the money I get in a medical malpractice law?
- Is there any prescribed time limit for filing a medical negligence lawsuit?
Visit https://www.ellisestes.com/ now to get in touch with the leading personal injury and medical malpractice attorneys in Albuquerque get the compensation you deserve.