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Jonathan C. Reiter Reports - Why Are Medical Malpractice Cases Hard to Win?
DALLAS, Sept. 17, 2019 /PRNewswire/ -- Medical malpractice cases are more difficult to win because patients may feel intimidated by the process. If you have been injured by a doctor's or hospital's negligence, it's important to discuss your case with the most experienced medical malpractice lawyer.
The Four Elements Needed to Establish Medical Malpractice
When filing a medical malpractice claim, it's important to establish four separate elements. Each element is important, but some are more difficult to prove than others.
1. Establishing Evidence of a Doctor-Patient Relationship
First, a patient must be able to provide evidence of a doctor-patient relationship at the time the negligence harmed or injured the patient. Knowing how to file a medical malpractice claim or what entity to file a claim against can be confusing. "That's why it's important you have an experienced lawyer," says New York City medical malpractice lawyer Jonathan C. Reiter.
2. The Doctor or Health Care Provider Acted Negligently
The patient must be able to show they were harmed or injured as a result of the health care professional acting negligently by deviating from the accepted standard of care. The accepted standard of care is what a similar health care provider under the same circumstances would have provided.
3. The Negligence Caused the Patient's Injury
The patient must also be able to show that the doctor's negligence caused injury or harm to the patient. Hospitals and insurance companies have aggressive attorneys working to protect their interests, which is why it's critical to contact a medical malpractice lawyer.
4. The Patient's Injury Resulted in Damages
Finally, the patient must be able to show they suffered damages as a result of their injury. If the doctor's negligence caused the patient to experience an injury, but the injury didn't result in damages, the patient's medical malpractice claim is likely to fail.
New York Medical Malpractice Attorney Jonathan C. Reiter
T: (212) 736-0979
SOURCE Jonathan C. Reiter Law Firm, PLLC