Medical malpractice is defined as medical professionals’ failure to follow accepted and established standards of practice, resulting in harm to a patient. Malpractice cases cover an incredibly wide range of incidents.
Typically, law firms have experience in dealing with only a few of these. However, an experienced medical malpractice attorney who knows how to address personal injury incidents can be particularly helpful if you need to take legal action.
What Constitutes Medical Malpractice?
The broad scope of medical malpractice includes incidents such as:
- Birth injuries: Including cerebral palsy, brain damage resulting from birth hypoxia or other causes, oxygen deprivation and monitoring failure, and Klumpke’s or Erb’s palsy
- Surgical errors: Objects left inside patients and wrong-site surgeries are examples this
- Diagnosis errors: Including wrong diagnosis, failure to diagnose, or delayed diagnosis
- Emergency room errors
- Errors in medication or anesthesia
- Errors committed by medical professionals, including doctors, nurses, aides, therapists, etc.
- Improper treatment errors, including treating the patient in a way no capably skilled doctor would
- Failure to warn of known risks
Because these malpractice events can happen in various settings, victims of medical malpractice can bring lawsuits against individual medical professionals, clinics, hospitals, and rehabilitation facilities.
Proving Medical Malpractice
A successful medical malpractice claim hinges on proving a few basic things:
- A doctor-patient relationship existed between the victim and the individual or entity being sued.
- The individual or entity being sued was negligent, or “at fault.” Proof must be brought that the individual or entity being sued was responsible for the victim’s harm. Proving negligence is the most critical aspect of a medical malpractice case.
- The victim’s injury resulted from negligence or failed oversight by the individual or entity being sued.
- The victim’s damages are specific and measurable. Provable harm must exist for there to be a case of medical malpractice. These measurables include mental anguish, physical pain, medical and recovery bills, and wage-earning capacity loss.
It is necessary to prove the negligence of the individual or entity being sued to win a medical malpractice claim. Sometimes this can be incredibly difficult. Evidence and/or testimony must be presented that shows that the defendant’s negligent action or failure to take action led to the victim’s injuries.
In many cases, the testimony of a medical expert is required to prove negligence. An experienced medical malpractice attorney can call on experts to explain how the proper standard of care was breached and how that failure led to the victim’s injuries.
Get Help for Medical Mistakes from an Experienced Lawyer
The complexities covering medical malpractice vary among state laws. You’ll want to ensure you or your loved one receive advice and counsel from a knowledgeable medical malpractice lawyer — one who has your rights and best interests at heart.
If you or a loved one sustained injury or harm due to negligence or medical mistakes, don’t delay. There are time limitations that dictate how much time can pass before you file your lawsuit. Contact a medical malpractice attorney today to learn your options for a medical malpractice lawsuit.