Medical malpractice claims are among the most complex cases in the personal injury field. As a suspected victim of medical negligence, it is important to learn the facts in order to determine whether or not you have a valid case. These facts include the true definition of medical malpractice, the medical standard of care, proving negligence, hiring an attorney, and more. Continue reading to dive deeper into your medical malpractice questions.
Explanation of Medical Malpractice
If a health care professional or facility makes a mistake when treating a patient, the degree of how that error affects the patient will determine whether or not it could be considered medical malpractice. There are specific elements that must be in place in order for a medical error to be lawfully seen as malpractice. Not only do these elements need to exist, the plaintiff must be able to present sufficient evidence and authentication that proves these elements. Here are the 4 primary elements that must be in place for a medical malpractice claim to have a chance at success:
- The presence of a doctor-patient relationship;
- The delivery of treatment that failed to meet the medical standard of care;
- A relation between the negligent medical treatment and the injury incurred by the patient;
- Economic damages and losses sustained as a result of the injury incurred by the patient.
Proving the standard of care is one of the more complicated aspects of a medical malpractice lawsuit. Not only must the standard of care unique to the patient’s medical needs be proven in specific detail, it must also be shown in detail how the medical standard of care was breached by the defendant (medical care professional or facility). Overall, the proper standard of care is generally seen as the same care that any practical, similarly-trained health care professional in the same medical community as the defendant would provide.
Hire a Personal Injury Attorney for a Better Chance at Recovering Compensation
Because the legalese and burden of proof of medical malpractice claims are so stringent and complex, it is vital to hire a reputable personal injury attorney who can protect your rights to compensation. You will be faced with several losses and damages, such as medical expenses, hospital bills, lost wages, and more. To cover these losses, you are owed full and fair compensation if your malpractice case is valid. An attorney can navigate your claim, ensuring that all investigations, witness testimonies, documentation, medical records and precedents, and much more, are all in place to argue your case. Just be sure to choose a personal injury attorney who has extensive experience in your area.