Patients have a right to trust that their doctors, surgeons, and nurses will provide them with high-quality care. No one should suffer more because they sought medical treatment.
Medical malpractice happens when a health care provider fails to take appropriate action or takes inappropriate action. When this type of behavior results in harm to the patient, medical negligence has occurred.
What does a medical malpractice attorney do? A medical malpractice attorney works to hold negligent care providers legally and financially accountable.
Oftentimes, negligence or malpractice involves an error on the part of the care provider. Many different circumstances may constitute malpractice. However, it is important to note that not every mistake by a doctor qualifies as medical malpractice. While they are highly trained, medical care providers are only human.
When a medical professional provides unreasonably subpar care, they may be found negligent. Fortunately, medical malpractice lawsuits make it possible for patients to recover financial compensation for the losses they experience.
Unlike other medical errors, a case of medical malpractice will have the following features:
Failing to Provide a Professional Standard of Care
Doctors and other care providers are legally required to provide a professional standard of care to patients. Certain practices are considered appropriate in a professional medical care context.
Patients have the right to expect this high standard of treatment and care. When a professional fails to provide care that meets this professional standard, they may be considered medically negligent.
Speaking with a knowledgeable medical malpractice attorney will help you determine whether your situation qualifies as negligence.
What does a medical malpractice attorney do to prove negligence? For example, an attorney might find a similarly trained medical professional to serve as a witness. If the provider states that they would have acted differently in the same situation, that could be evidence of malpractice.
The Negligence Caused the Patient Injury
To prove medical negligence, the victim must show that their care provider’s behavior resulted in damage. In other words, a violation of professional care standards is not enough.
The victim must show that they sustained harm that would not have occurred in the absence of the negligent behavior. If the negative health outcome was not the result of the doctor’s action, it will not qualify as malpractice.
The Injury Resulted in Damages for the Patient
To successfully pursue a medical malpractice suit, the plaintiff must provide evidence that they sustained significant damages. The patient must prove that the harm they suffered requires significant financial recovery.
Patients can pursue financial compensation for any of the costs and losses resulting from medical malpractice. In some cases, it is difficult to prove a causal connection between the care provider’s action and the patient’s damages.
What does a medical malpractice attorney do in cases like this? A skilled tort lawyer will leverage the available evidence to prove that the plaintiff’s injury or illness was the result of the medical professional’s negligent action.
Medical negligence can take many different forms. Some of the most common examples of medical malpractice include the following:
- Misdiagnosis or late diagnosis
- Failure to provide a diagnosis
- Performing unnecessary surgery
- Failing to recognize relevant symptoms
- Failing to request appropriate medical tests
- Failing to account for a patient’s medical history
- Discharging the patient prematurely
- Inadequate follow-up care or aftercare
- Performing surgery on the wrong site
- Prescribing the wrong medication
- Prescribing the wrong dosage of medication
These are only some examples of situations that may constitute medical negligence. To better understand the status of your case, speak with one of the accomplished legal professionals at Morgan & Morgan.