29th Sep 2015
Millions of people seek out medical attention every year. Sometimes it goes smoothly, and you’re in and out without any fuss, back to your old self. However, many people go in for medical attention and are negatively affected as a result of a mistake made by a doctor or nurse. If this is the case for you, you may have grounds for a medical malpractice lawsuit. The basis for a medical malpractice suit involves showing or proving that a medical professional or doctor made a mistake which fell below the prevailing professional standard of care, and you were harmed as a direct result of that mistake.
Medical malpractice isn’t just limited to doctors, either. It could be a technician, nurse, or any other medical professional. It doesn’t always have to be an active mistake, either– sometimes a failure to act, or omission, can qualify as medical negligence. This mistake, or omission, can occur during the course of diagnosis or treatment. Often, a malpractice case depends on proving that the medical professional did not treat, medicate, or diagnose the issue correctly, and thus breached the standard of care. Proving that this occurred and you were harmed by this insufficient treatment is a large part of arguing and winning a malpractice case.
One important thing to remember is that it’s not enough to just have the medical professional make an error. Filing a lawsuit means that you need to be able to demonstrate and actively show that their mistake caused you further harm. In other words, their mistake ended up making the situation worse than it would have been if you had been properly treated.
Basically, you need to not only have been harmed by their actions and choices, but also be able to show how that occurred. An example of this would be a disease getting progressively worse as a direct result of your treatment. Individuals filing these cases need to prove causation, i.e., the damage done to you was a direct result of the medical professional’s mistake. Keep in mind that you may need an expert witness that is able to testify to how their error caused this condition to worsen. These witnesses are usually other medical professionals, and they can also help to reveal how the standard of your care was breached as well.
Your medical malpractice attorney will be able to inform you about the finer details that this process involves. Medical malpractice cases can be tricky, and the burden is on the issuer of the lawsuit to prove their case. Of course, doctors are often represented by their insurance company, and they will be making every effort to disprove your claim and show that there was not a mistake made. These cases often drag on for months– sometimes even years– and the statute of limitations ensures that you only have a certain amount of time to bring the case to court.
If you’re wondering if you have a medical malpractice case, consult a medical malpractice attorney. You don’t want to plunge head first into a case unless you’re certain that you will able to prove your case. There will be expenses involved– court filing, getting testimony from experts, and paying your lawyers. However, many lawyers take contingency fees where they pay the costs and do not charge you unless you win, where they’ll take a percentage of the money. A medical malpractice attorney will be able to tell you whether you have enough of a case to go to court– and potentially win. If you’ve been injured as a result of negligence on the part of a medical professional, call the Law Offices of Payas, Payas, & Payas and get the assistance you need.