Medical malpractice occurs when a health care practitioner, or a medical organization (including hospitals and clinics) through omission or negligent act, cause minor or aggravated injuries patient. In order for a negligent act to be considered medical malpractice, there must have been an error (or errors) in diagnosis, treatment administration, aftercare, and health care management. In order for a case to be considered as medical malpractice under the law, your claim must have one or more of the following features;
Violation of standard of medical care
The Medical malpractice law recognizes the presence of established medical standards recognized and accepted in the medical profession. This is referred to as the “Standard care”. A patient is covered under the Standard care standards and expects medical professionals to deliver consistently with these standards and if an Attorney can establish that standard care was not met, then a negligent act can be established. To understand more on how errors of omission and negligence can affect you under medical malpractice, please consult a Medical attorney at from Sibley Dolman.
An Injury has been caused by the medical negligence
In order for your medical malpractice claim to be valid, establishing an act of violation of standard practice is not enough. The patient must prove that he or she has sustained that could have been prevented in the absence of such negligent act by the medical practitioner. The patient must also prove that the medical practitioner is responsible for the injury. There is simply no case if there are no injuries caused by the act of negligence or omission.
The injury has resulted in some significant damages
Medical malpractices can be very expensive to pursue, and the reason being that such cases may require several testimonies from medical experts alongside many hours of deposition testimonies. In order to present a viable case, you need to prove that a significant level of damages has resulted from the injury caused by negligence or omission. If the damages caused by the injury are small, then the cost of pursuing such litigation may be higher than your eventual recovery and that is why you need to seek the help of a medical malpractice attorney to prepare your claims. A claimant must show evidence that the medical malpractice has caused temporary or permanent disability, income loss, suffering, pain, and hardship. Evidence of past and future medical bills must be provided also.
Conclusion
Medical malpractice can affect you in so many ways. If you decide to pursue the case personally, you may end up spending more on finding witnesses, gathering pieces of evidence, and even on medical bills, especially when you are unaware that your health issues have been aggravated due to the medical negligence or omission. A medical malpractice attorney is in the best position to help you in reducing the costs of pursuing your case and finding all pieces of evidence necessary to get the best compensation you can get from pursuing a medical malpractice case.
