An Overview Of Doctor-Patient Relationship In Medical Malpractice Cases
You must prove a few things before you begin a medical malpractice case against a medical doctor. For example, a medical malpractice victim must prove that they had a doctor-patient relationship with the doctor at the time of the injury. Below is an overview of this relationship.
How
The patient-doctor relationships begin in two main ways. First, the relationship commences when a patient seeks help from a medical care provider, and the provider agrees to offer the help. Consider a patient who has a headache and goes to a family physician. A doctor-patient relationship starts when the physician agrees to diagnose and treat the patient.
Secondly, the relationship commences when a medical provider starts to treat a patient who cannot express treatment consent. For example, if a doctor starts to treat an unconscious patient, a doctor-patient relationship starts even though the patient has not given their express treatment consent.
Proof
Your medical malpractice defendant might dispute your claims if your case is not straightforward. Below are forms of evidence you can use to prove a doctor-patient relationship.
Intake Documents
Doctors use intake forms to collect medical histories from patients. Your doctor may use an intake form to collect information on your symptoms, allergies, past accidents, past surgeries, and past and current treatments. Since the information is only useful to a doctor who wants to treat you, you can use it to prove a doctor-patient relationship.
Informed Consent Documents
Medical providers usually ask patients to sign treatment forms. These forms are especially crucial for risky, experimental, or invasive treatments. For example, your doctor will require you to sign an informed consent form before surgery. The signing confirms that you understand your treatment's pros and cons and have consented to it. Use the form to prove your relationship with the doctor.
Treatment Records
Your diagnosis and treatment will generate information you can use to prove your relationship with the doctor. Your diagnosis, medical tests, and drug prescriptions are some information your treatment records may contain. Such information clearly proves who was handling your medical treatment.
Discharge Paperwork
Lastly, you can also use your discharge paperwork to prove that you had been undergoing treatment from the defendant. You get discharge paperwork when a medical care provider decides you no longer need their treatment and can continue with recovery elsewhere or from another provider.
Hopefully, you will get the compensation you deserve for your medical malpractice damages. For more information, contact a medical malpractice attorney near you.
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