Do you suspect that you may have been a victim of medical malpractice? This kind of lawsuit is one of the more challenging lawsuits in the legal scene and is often a costly endeavor. Confusion and misconception are often prevalent during medical malpractice cases, especially to those who are unfamiliar with the mechanics behind the legal system. Before choosing to embark on a medical malpractice case, take a moment to consider some of the basics. The following information will help inform you about some of the fundamental aspects of a medical malpractice case.
The Injury
There are three major categories of medical malpractice injuries when you go about filing a claim. Learn more about these claims to decipher if you may fall under one of these broad categories:
● The medical professional failed to provide proper treatment. If a medical professional acts toward a patient in a way that no other reasonable medical professional would, a very strong medical malpractice claim can be made. This includes a physician both choosing and administering a claim inappropriately.
● The medical professional failed to correctly diagnose the problem. When a doctor fails to diagnose a problem and the correct diagnosis would have resulted in a better outcome for the patient’s health, he or she may be accused of committing medical malpractice. This also applies to physicians who fail to observe any present diseases and do not diagnosis said diseases in a timely manner. For example, if a physician does not discover early stages of cancer in a patient and does not diagnose the patient with cancer, he or she would be liable to charges of malpractice. The correct diagnosis can be a matter of life and death, and this concept is considered very heavily by court officials.
● The medical professional failed to inform a patient about any known hazards or risks concerning treatment. A licensed medical professional has the obligation of informing you of any risks that a procedure, medication, or other treatment may entail. In law circles, this concept is known as failing to acquire informed consent. To illustrate the idea of informed consent, imagine a patient goes through with an operation ignorant about the potential risks. If the patient would have denied the treatment had he or she had known about the dangers, a strong case for medical malpractice may have been enacted.
A Viable Claim: The Medical Standard
So you have been injured as a result of what you think is medical malpractice. The simple fact that you are injured is not enough evidence to support a medical malpractice claim. Just because you left a medical professional’s establishment in poor condition doesn’t prove that the professional made a negligent mistake.
In order for your claim to stand its ground in court, you will need to prove that your medical professional acted in a fashion that was below what is called the “medical standard”. According to the Legal Dictionary of Standard Care, a medical standard of care is a term that describes the caution that a reasonable individual in similar or identical circumstances would have exercised during the process of administering medical care to a given patient.
In order for a claim to be viable, several aspects must be present:
● A pre-existing relationship between a doctor and his or her patient. You must be able to prove that you have a relationship with the physician you are accusing. In other words, you have to prove that you hired a medical professional and the said professional agreed to work under hire. If a physician was consulted rather than chosen to treat you directly, it can be more difficult to establish a pre-existing relationship. However, this is a possible course of action and may result in a successful court case if conducted wisely.
● The medical professional acted in a way that was negligent. Again, your unhappiness with the final outcome of your medical treatment does not necessarily indicate that the medical professional who treated you did anything negligent. Remember the standard of medical care mentioned above when thinking through this point; in order to gain compensation for medical malpractice, you must be able to prove without a doubt that the physician in question caused your injury. In most cases, individuals taking legal action against a medical professional bring forward other medical professionals to testify that the negligent professional acted in a way that was below the medical standard of care.
● The injury resulting from medical negligence concluded in specific injuries. No matter how negligent you think a doctor may be, you cannot accuse him or her of malpractice if you cannot prove you suffered considerable injury or harm.
What to Do If You Are the Victim
If you have been injured because of someone else’s negligence, you deserve to be compensated. However, it can be difficult to navigate the complications of a law case without the help of someone who is experienced in the successful handling of legal affairs. It may best benefit you to contact a reliable attorney to help you with any questions you may have about moving forward with filing your claim. With the help of a professional, your chance of winning the compensation you deserve increases dramatically. After doing a little research about the fundamentals and basic structure behind medical malpractice and negligence, contact an attorney you trust and set up an appointment to further discuss your injury and any legal action you would like to pursue in the future.
Read more about Medical Malpractice here:
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