If you think that you or a loved one has been the victim of negligence by a physician, you may claim compensation for your losses and suffering by filing a medical malpractice case. By nature, a medical malpractice case is complicated and time-consuming.
If you think that you or a loved one has been the victim of negligence by a physician, you may claim compensation for your losses and suffering by filing a medical malpractice case. By nature, a medical malpractice case is complicated and time-consuming.
You have to prove a lot, and the evidence is highly technical. So you need experts to testify. This costs money. Then there are the costs of filing the case and sundry other court fees, not to mention the hassles of collecting evidence and making appearances to the court. You should first figure out if you have a valid medical malpractice case before you invest time, money, and effort to start the legal procedures.
You have a valid medical malpractice case in the following instances:
There has been an act of medical negligence.
When a physician fails to provide the standard of care, he can be held accountable for medical negligence. However, this standard of care differs depending on the nature of the medical condition being diagnosed or treated (that is, if the condition is common or rare), the qualifications of the doctor (that is, if he is a general physician or a specialist), and the quality of diagnostic and treatment facilities the doctor has at his disposal. What constitutes a breach of the standard-of-care rule in one case may not hold true in another circumstance.
You or a loved one has been injured due to the negligent act.
Any act of medical negligence is worthy of punishment. But you don’t have a valid medical malpractice case if you cannot prove that the act caused you or a loved one an injury or that you suffered some loss. Some examples of injuries include the wrong limb being amputated; organ damage after a surgery; a condition that worsens after treatment; or some sort of temporary or permanent and total or partial disability. An act of medical malpractice leads to the death of the patient is also deemed an injury or damage.
To make for a valid medical malpractice case, you have to prove two occurrences. First, you have to prove that you have been injured or harmed. Secondly, you have to prove that your injury was the direct result of the act of negligence. This is the “causation” rule, and usually, this is the trickiest claim to prove in your case. You need expert witnesses to make your claims stand ground.
You can get at least one expert witness to prove the act of medical negligence.
Because of the nature of the evidence presented in medical malpractice cases, expert testimonials are required to prove the “causation” rule. You need at least one expert witness from the medical community to prove your claim. This is difficult because of the “conspiracy of silence” that medical professionals tend to practice. Doctors are often unwilling to testify against their co-workers or peers whom they might know from their medical school days or from attending workshops together. Many doctors in different states may also keep in touch and regularly brainstorm cases and developments with each other.
However, medical malpractice attorneys are familiar with medical professionals and people from the scientific community who are willing to testify to help your case.
