Medical malpractice cases are common and complicated. Not every medical situation that ensues a negative impact qualifies as medical malpractice. And this is where things get tricky. How do you determine if the bad outcome was caused by negligence, a complication of the procedure or an unlucky risk? While negligence is a ground for a lawsuit, the remaining two aren’t. So, let this post deal with all the confusion for you.
To tell you straight ahead, pursuing a medical malpractice lawsuit will be hard. In fact, statistics show that it is the health care providers that are usually on the winning side. But don’t get discouraged, if you know the necessary details of your case and have a good lawyer, you’re good. In fact, you rule.
As for every successful lawsuit, you’ll need proof. It is that big puzzle of evidence which will make your rights count. And yes, putting it together is a tough job. But it’s not that hard when you have a short and straightforward guide, right?
You only have a case if you can prove that the treatment that harmed you was a violation of standard healthcare. Filing a medical malpractice lawsuit means blaming the healthcare provider for negligence. And if you have no proof that he/she violated the rules of standard care, you have no ground for suing.
However, if you know, the violation occurred your next step becomes showing the cause and effect relationship it had on your health. If you are still confused, that’s fine. Medicine is complicated, and so are the cases related to it. It is no coincidence that lawsuits require a contribution of expert witnesses. Those are narrow specialists that can be hired by both parties to determine whether the treatment was true to standard healthcare or not.
To give you a break from all the confusion, here are concrete examples that guarantee a medical malpractice case.
- When a surgical object is left in the patient’s body after the surgery is completed.
- When the doctor worked on patient’s wrong spot.
- If the physician carries out a non-emergency procedure to which the patient didn’t agree.
- If the doctor does not inform the patient about a risk (that is higher than 5%) to surgery or treatment.
Parties guilty of medical malpractice do not only include doctors but also:
- Medical laboratories
- Registered Nurses
- Nurse Practitioners
Seriousness of Injuries
Minor medical errors are not a ground for a lawsuit. While a slip-up might stress you out it is not something to be brought up in court. Mistakes in medicine are rare, but they still exist, and even the best professionals are guilty of them. So, if a doctor told you are going to recover in about a week but it took you one and a half, don’t go to court.
If a presence of severe injuries is your best proof, their absence isn’t in your favor. Medical malpractice can occur without causing you considerable harm. In that case, you can still file a lawsuit but be ready for a different outcome. The maximum you can get for such case will be coverage by health insurance and worker’s compensation.
Always Consult a Lawyer
If you think you had a medical malpractice case, the first thing you might want is an evaluation of your chances. Don’t do it yourself, consult a lawyer. Everything that you might have a doubt about will be carefully sorted in the hands of a professional. A good lawyer will tell you the strength and weaknesses, and of course, will help you out.
Medical malpractice won’t be as tricky as it looks if you are aware of its possible scenarios. However, this is still one of those practice areas where lawyer’s role is crucial. Trying to cope with it on your own would only add to your problems, so let our lawyers have your back instead. Don’t hesitate to give us a call at (877) 734-5177, anytime for any questions or concerns.