When a person turns to a medical professional, they need help from an expert. If this expert fails to assist and it results in catastrophic harm, this individual should be able to seek compensation or other legal remedies. Medical malpractice is an area of law that allows them to do so.
To prove medical malpractice, the patient or their loved ones must show that the medical professional was negligent in some way. They did not follow the accepted standard of care, and this failure led to the harm the patient suffered. Most individuals find they need a medical malpractice lawyer to help them find and demonstrate proof of the medical professional’s negligence.
Duty
The first thing the attorney looks for is a legal duty between the patient and their medical provider. If the doctor agrees to provide a diagnosis or treat a patient, they have a duty of care to the individual. This element of a malpractice claim is the easiest to prove.
Dereliction of Duty
To win the malpractice case, the patient must show that the medical professional breached this duty of care. They failed to meet the accepted standard of care that their reasonably competent and prudent peers in the profession would have upheld. A misdiagnosis or delayed diagnosis would be a breach of care, as would surgical or medication errors. Birth injuries are also considered a dereliction of duty, and any medical professional who fails to obtain informed consent from their patient is not fulfilling their duty to this individual.
Direct Causation
Once a person can show that their medical professional didn’t meet the accepted standard of care, they must then demonstrate how this failure directly led to the harm they experienced. They must show that without the doctor’s negligence, the injury never would have occurred. If they cannot prove this, the case will fail.
Damages
When the patient successfully demonstrates that the provider’s actions have directly harmed them, they may seek damages. The patient might seek economic damages for any out-of-pocket expenses they incurred as a result of the injury, including low wages and medical bills. Non-economic or general damages might be awarded for the pain and suffering they experienced or their emotional distress. Punitive damages are sometimes awarded to reduce the risk of similar negligence in the future. These damages often have strict caps imposed by the state, and high standards must be met for them to be awarded.
Providing Malpractice
To prove malpractice, an individual must first seek immediate medical attention from a qualified provider and request medical records from these appointments. These records serve as the primary evidence in a malpractice case. Document everything related to the injury, including the daily pain level, the impact of the injury on everyday life, and symptoms. When recording symptoms, keep track of how often they occur, how long they last, and other details. Furthermore, keep a journal of all conversations with medical professionals, insurance companies, and attorneys regarding the case. Hire an attorney and file the case before the statute of limitations runs out.
Once an attorney is hired, they will take over handling of the case and guide the patient through each step of the process. Their knowledge and expertise make the entire process easier, and they typically work on a contingency basis. If the client doesn’t win, they don’t get paid. A victim of medical malpractice should always seek legal guidance and pursue the case for their well-being and that of every person treated by this medical professional.
