When the doctor made a mistake and did not offer the health care that was necessary, it is possible that a medical malpractice case can be launched. The problem is that most people have no real idea what that means and do not understand the fact that it is the patient that has to prove that the problem appeared. According to Cohen, Placitella & Roth, not all cases are medical malpractice and it is important to determine if a case actually exists before the claim starts. In order to help you out, here are some facts about how to determine if this is the case or not.
Most people think that medical malpractice only appears when referring to emergency cases or during surgery. That is not actually the case. Any treatment phase can show negligence. As an example, let us think that a doctor will diagnose the patient with another disease than what is actually present. The same with wrong treatment prescriptions. In this case we are faced with medical negligence so a medical malpractice claim might be possible.
It is important to also understand “Standard Of Care”. This is basically how doctors normally treat patients. In the event that there is a difference between how patients are treated and how you were treated, negligence might be provable. Standard of care should never be breached for any patient.
The Result – Injury Or Damage
Although the doctor may have made a pretty big mistake, in the event that you were not harmed, there is no medical negligence case so the lawsuit cannot be started. You need to have a healthcare professional that made a mistake and then prove that the mistake was the one that caused death or damage. As a mild example, you might have a condition that would just be worsened if the treatment was wrong. In an extreme situation we can be faced with death or even with permanent damage. Brain damage following over surgery or wrong limb amputations do sometimes happen and it is obvious that here is a medical negligence claim that is present there.
Causation also has to be proved. This is the link between the damage/injury and the medical mistake that was made. You do have to prove that the doctor did something that made the condition worsen. It is a pretty difficult step, one that can be expensive. There is a high possibility that an expert witness will be necessary and it is normally quite hard to prove causation without the help of a really good medical malpractice attorney.
Hiring Professional Help
A lawsuit is normally quite complicated and it will definitely take a longer time than what you expect. Professional help is normally necessary. You will be offered all the guidance that you need and you will be offered information you might not have. In the event that you were hurt by what someone did, the malpractice attorney is capable of fully reviewing the case and then determining lawsuit grounds. These services are free for patients so why not take advantage of the opportunity?
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