Medical malpractice cases arise when a medical practitioner or healthcare institution engages in professional misconduct, an unfair lack of competence, or neglectful behavior that causes injury to a patient. A medical malpractice claim could be considered valid if the wrongdoing directly caused the patient’s injury and substantial injuries or damages were sustained.
You may be eligible to file a medical malpractice claim in Idaho if you or someone you love has been seriously injured due to medical negligence. A knowledgeable Eagle Medical Malpractice Attorney examines the specifics of a person’s injury to ensure that all of the conditions necessary for a credible medical malpractice lawsuit are present. Call at 208-333-3333 to get started today.
What Approaches Does A Medical Malpractice Lawyer Use To Establish Negligence?
One of the many reasons to employ an experienced medical malpractice lawyer for a medical malpractice lawsuit is that negligence can be difficult to prove. To win a medical malpractice lawsuit, the attorney must illustrate four key elements, including:
- The medical provider owed the patient a “duty of care.” It is generally shown by demonstrating that the plaintiff was a patient of the practitioner during the accident. A doctor owes a civil “duty of care” to his or her patient while providing medical services. They must act in accordance with existing medical principles and the same manner that a competent colleague would act in similar circumstances.
- The specialist committed a “breach of duty.” The medical malpractice attorney will show that the medical practitioner failed to fulfill their “duty of care” to the patient by recklessly treating the patient.
- The standard of treatment caused the victim’s injury.
- The applicant suffered real physical injuries or damages due to the healthcare provider’s breach of duty.
To Create A Case, What Does A Medical Malpractice Attorney Do?
Medical malpractice attorneys take several actions to show the four components of a winning malpractice case, including:
- Taking depositions from medical professionals, the complainant, and other witnesses
- Collecting and analyzing medical records
- Carrying out reports on the plaintiff’s injuries
- Collaborating with medical professionals to formulate case theories, cross-checking expert reports, and retaining expert witnesses who may testify in court to help the plaintiff’s case
- Arranging for and accompany claimants to independent medical examinations (IMEs) to obtain an objective assessment of the plaintiff’s injuries
Contact a Medical Malpractice Attorney
The Eagle Medical Malpractice Attorneys have years of experience advocating for individuals harmed by medical malpractice. They seek justice for patients harmed by avoidable medical errors, including hospital-obtained infections, birth injuries, as well as wrongful death in Eagle City and across the extensive Idaho State.
There are no expenses or fees to file a personal injury case as Litster Frost Injury Attorneys. The lawyers only obtain payment after recovering damages on your behalf. Do not hesitate — even medical malpractice claims bear a statute of limitations, meaning you must file your claim within a specified timeframe. Schedule a free, no-obligation consultation to discuss your case. Contact an experienced Eagle Medical Malpractice Attorney at 208-333-3333.
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Comparative Negligence Rule
COMPARATIVE NEGLIGENCE RULE
Idaho follows the comparative negligence rule, which means that a court will look at both parties’ actions and level of fault in the case of a motorcycle accident.
Even if you were both driving irresponsibly, if the other driver was driving more carelessly, then you may still have a case. It’s important to recognize, however, that any fault on your part will limit the amount of damages which you can receive.
SEE IF YOU HAVE A CASE IMMEDIATELY:
To schedule a consultation about your accident, call our office at (208) 333-3333 or fill out your case evaluation form now.