At Polito & Harrington, the health and well-being of our clients, employees and the community remains our top priority. We are closely monitoring the Coronavirus and following the guidance of local, state and federal authorities. We will be conducting all non- essential meetings via video or teleconference and remain available to service our clients’ legal needs. Essential meetings in the office will be conducted in accordance with guidance from public health authorities.Although the closure of courts and other cancellations are likely to occur, we remain fully committed to continuing to provide our clients with the same level of service and attention to their legal needs that they have come to expect from Polito & Harrington. We are also open and accepting new cases and referrals. We continue to remain available by email (info@politolaw.com) and via our office phone number (860-447-3300) should you or anyone you know needs to reach us.

Wishing everyone good health,
~ The lawyers and staff of Polito & Harrington

What are the requirements for a medical malpractice claim?

What are the requirements for a medical malpractice claim

What is Medical Malpractice?

Medical malpractice happens when a patient is harmed by a doctor, or other medical professional, who fails to competently perform his or her medical duties. Below is an overview of the law and special rules that apply to medical malpractice cases.

Requirements for a Claim

To prove that medical malpractice occurred, you must be able to show all of these things:

  1. A doctor-patient relationship existed: This means that you hired the doctor and the doctor agreed to be hired. For example, you can’t sue a doctor you overheard giving advice at a cocktail party. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise where a consulting physician did not treat you directly.
  2. The doctor was negligent: To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have.
  3. The doctor’s negligence caused the injury: The patient must show that it is “more likely than not” that the doctor’s incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor’s negligence caused the injury.
  4. The injury led to specific damages: Even if it is clear that the doctor performed below the expected standards in his or her field, the patient can’t sue for malpractice if the patient didn’t suffer any harm. Here are examples of the types of harm patients can sue for:
  • Physical pain
  • Mental anguish
  • Additional medical bills
  • Lost work and lost earning capacity

Contact an experienced medical malpractice attorney

At Polito & Harrington, we offer personalized, and attentive service while handling your medical malpractice case. Your medical malpractice case will be handled directly by CT & RI medical malpractice lawyers, Humbert Polito or James Harrington. You will always be able to talk with your lawyer when you need to. We will work hard to hold people and companies responsible for injuries caused by their carelessness.

To schedule a free consultation at Polito & Harrington to discuss your medical malpractice claim, call 1.860.447.3300.

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