July 7, 2021
Medical Malpractice Lawyer
Medical malpractice is negligence on the part of the doctor medical professional that occurs during the course of treating a patient in some manner. A medical plan participation or personal injury lawsuit brought by a patient to recover compensation for damages they’ve sustained as a result of being treated by a doctor or medical professional.
If you or a loved one has been treated by a medical professional and you are worse off because of your treatment and you may have gone to a medical malpractice case, but you need to understand that there are four things that must be proven in order for you to win a medical malpractice case. Medical malpractice lawyers will be able to better explain what must be proven when a malpractice case.
While doctors are human and they are not expected to be perfect, they are expected to be reasonably competent. They go to school for so many years to learn how to be a doctor, so they must be competent enough to meet the standard of care expected of a competent doctor. So if you are filing a medical malpractice case then you and your lawyer need to find a medical expert who is willing to testify to what the reasonable standard of care is for medical care that you have received. The medical standard of care can be altered a little bit depending on the type of treatment that you are receiving, as each treatment has different standards that it must meet and expectations that it must be used to meet.
You must also prove that the doctor breached the above-mentioned standard of care. So you must have proof that your doctor performed the surgery or did something or prescribed something a reasonably competent doctor in the field would not have done for your type of disease, disorder, or injury. Or that the doctor did something that a reasonably competent doctor should’ve known to do, the standard of care and breach of the standard of care taken together proves negligence on the part of the doctor but this is still not enough to win a medical malpractice case by itself.
You have to be able to prove causation, this means that the doctor’s breach of the standard of care actually caused the injuries you have suffered, in some cases the doctor might have breached standard of care but that breach did not cause your injury or worsen. And in that instance there is no case you will win.
An example of this is that everyone knows that doctors are supposed to wear latex gloves, not wearing these gloves is a breach of the standard of care; however, it would be very difficult to establish a clear link between the doctor not wearing those gloves and operating on the wrong leg. However, a direct causation link to the doctor not wearing gloves in your infection would be easier to prove.
The last thing that you and your medical malpractice lawyer need to be able to prove is his damages. You need to prove that the nature and severity of the injuries have prevented you from earning a living and the medical costs that are associated with treating your injuries and rehabilitation are too much for you to take care of.