Most people believe that a medical malpractice lawsuit stems from a physician making an error while treating you but there’s a lot more to it. The important factors are demonstrating that:
- A physician or other medical professional made an error while treating you
- You were harmed by that error
What Exactly is Medical Malpractice?
Medical malpractice is when a medical professional does something or neglects to do something that results in injury or physical harm to the patient. Their failure to act or "omission" is referred to as "medical negligence."
What is Medical Negligence?
The mistake or omission can occur at any point while you’re under a medical professionals care. It may involve a mistake in diagnosis, or improper treatment. To prove negligence you’ll need to establish what the generally accepted method used by medical professionals is under similar circumstances. The standard can take into account things like the patient’s age, their medical condition and where they live. If you can prove your physician "breached" the standard of care, you can begin to make your case for medical malpractice.
What constitutes injury or damage?
Once you’ve established your physician has made a mistake in diagnosis or treatment you’ll then have to prove that you’ve been injured or harmed. Examples of harm can include things like; removing the wrong organ, brain damage or even death. With out showing you’ve been harmed, there’s no case.
You then have to tie the negligence to the injury to establish "causation." This is often the most difficult and costly part of any medical malpractice case. You’ll generally need at least one expert witness, usually another doctor. The expert witness can help to make the case that the standard of care was breached and that negligence caused your injury.
Verdicts, Settlements & Legal Fees
Medical malpractice cases can be costly and you will need to be prepared for the defense to fight back. But don’t be dissuaded, medical malpractice cases are usually done on a contingency basis where your attorney only gets paid if you win or settle. If you win your case you may be rewarded "damages" for medical bills, lost wages as well as pain and suffering.
If you have questions or would like a complimentary case review, please contact Martin, Lister & Alvarez at 1-954-659-9322