The third element is that the breach in duty of care resulted in significant emotional and/or physical injury. Making a mistake doesn't automatically give a patient (or the family of a patient) the right to pursue legal action. Evidence of harm is needed. Talk to a med mal lawyer about obtaining important charts and documents from the doctor.
For example, a psychiatrist prescribed a medication that interacted with another the patient was taking, and the interaction resulted in physical harm. Sometimes this is challenging, such as with suicide.
Finally, the claimant must prove that he or she suffered damages as a result of the negligence and resultant injuries.
Damages might include:
- medical costs for treatment;
- pain and suffering; and
- loss of consortium (in the case of a suicide).
Because of the many complex issues that can arise in these types of cases, it's best to seek legal advice.
Importance of Securing Legal Representation
In addition to the complexity involved in a malpractice case, there are various laws that apply such as time limits in filing a psychiatrist medical malpractice claim. It also requires a great deal of evidence and paperwork. To learn if you have a case, contact Jason R. Schultz in the Atlanta area. Call us at (404) 474-0804.
