The term “medical malpractice” is defined as a form of negligence committed by health care professionals (e.g. individuals such as chiropractors, dentists, nurses, optometrists, and of course physicians). The complexities of a person’s illness and the treatment of it make it difficult for many personal injury lawyers to win medical malpractice lawsuits. Consequently, not all medical errors are deemed as being negligent nor are all negative or poor patient outcomes attributed to medical mistakes.
What these Cases entail
Medical malpractice cases typically arise when the patient dies or is injured at the hands of a health care professional due to negligence or substandard medical care. Some of the more common examples of medical malpractice include:
· failure to diagnose the patient correctly
· injuries to newborns
· prescription medication errors
· surgical mishaps or mistakes
· wrongful deaths
It takes a considerable amount of time and the expertise of an experienced personal injury lawyer to examine the circumstances and sort out all the details involved in a potential medical malpractice claim. Furthermore, the lawyer needs to determine if all of the details involved support moving forward with a medical malpractice lawsuit.
Duty of Care and the Burden of Proof
If you feel that a health care professional has harmed you by providing a substandard level of care, consulting with a team of personal injury lawyers about your case is advisable. Remember, the burden of proof rests on your and your lawyer’s shoulders. In order for you to properly file your claim and have a successful case, there are several factors that must be considered as follows:
First and foremost, you and your lawyer have to prove that you were owed a specific duty of care. Showing that you were the patient and were relying on that professional’s advice and care is what you must establish up front. Secondly, you have to prove that they failed to do so. Finally, you have to prove that, due to the professional’s negligent conduct, you sustained an injury or some type of loss.
Your personal injury lawyer will need for you to provide them with copies of all of your relevant medical records. You have the right to request those records so don’t be afraid to ask for them and this can be done at any time during your case. Even if you file your claim against a physician and the hospital you were treated in, no one can refuse to provide those records.
The collection of evidence is what patients and their personal injury lawyers build a strong medical malpractice case. In order to prove and win your case, this evidence must show that the treating health care professional breached the standard duty of care and that lead to your injuries and losses. In many cases, it holds true while in others, not enough evidence turns it null and void.