When a doctor makes a medical error, whether for a treatment or during diagnosis, a number of concerns arise for the patient. Occasionally, such an event may raise a different type of red flag – one that leads a patient or their loved ones to talk to a medical malpractice attorney.
Showing Negligence in a Medical Malpractice Case
A doctor has to commit more than just a mistake for a medical malpractice claim to hold merit. You also have to look at a number of different elements, all which must be established by the plaintiff and their medical malpractice attorney. In order to file a viable medical malpractice lawsuit against a physician, you need to show the following:
* The existence of a doctor and patient relationship.
* A provision of care (which includes treatment, decisions, and a failure to treat) that falls beneath the accepted medical standard of care, or care that constitutes medical negligence.
* A causal link between the doctor’s medical negligence and the patient’s resulting harm or damages.
In some ways, defining malpractice means defining the above elements.
However, if you obtain a third-party medical expert to prove negligence, they must also prove, through evidence and testimony, how the plaintiff’s condition should have been treated. The medical professional would then testify as to how the doctor handled, or failed to handle, certain stages of care.
Proving the Medical Standard of Care
To prove the medical standard of care, you need to show exactly how the doctor did not meet the expected caliber of treatment, and how it compares to the care that a prudent and similarly-trained health care professional would provide in such a case.
If you still feel the need to talk to a medical malpractice attorney, then you need to schedule a consultation immediately. While many doctors make small errors, negligence denotes that they did not use a wise and educated approach in handling a patient’s case. If a physician is found to be guilty of negligence, you are entitled to compensation in the form of damages. Yo know more about medical malpractice attorney visit Evans & Evans Attorneys at Law. You can also connect them on Facebook.
