How Do I Know If I Have a Medical Malpractice Case?
While medical malpractice lawsuits are built around the same legal principle of “negligence” as most other personal injury claims. Since negligence for a medical professional differs from the one applicable to the average person, establishing that you have grounds to file a medical malpractice lawsuit can be much more complicated than it would be for most other types of personal injury cases.
If you do not know whether you have a medical malpractice case, a conversation with an experienced lawyer could provide the answers and information you need to enforce your rights. In the meantime, though, here is a basic overview of how the law tends to govern these cases.
What Is the “Standard of Care” for Healthcare Providers?
Most of the time, proving someone else at fault for causing a personal injury requires proving that they violated a “duty of care” they owed to the injured person. In other words, they did that a reasonable health care provider with the same skill and knowledge would have done in similar circumstances. With medical malpractice cases, establishing fault revolves around proving that a breach of the applicable “standard of care” occurred, meaning something that another equally qualified and experienced physician would not do under roughly the same circumstances.
Since every person responds to treatment differently and doctors cannot guarantee good results for every patient even with their best efforts, this “standard of care” duty allows healthcare providers to provide the best possible treatment without worrying that they will be sued over every less-than-perfect outcome for a patient.
Does a “Breach” of the Standard of Care Always Count as Negligence?
Even if a doctor does something that no reasonable physician would have done under the circumstances, that error may not be enough to file a malpractice claim over. To have grounds for a claim, a prospective plaintiff must also prove that:
- They suffered some kind of harm and the alleged breach of the standard of case was a proximate cause of that harm
A well-practiced legal professional could thoroughly investigate and collect the evidence necessary to prove all of the above elements in a specific case.
How Do You Prove that a Doctor Breached The Standard of Care?
With relatively few exceptions, courts will not just take a patient’s word that they were hurt through malpractice, even if they have lots of evidence. While the exact requirements in this regard vary from state to state, prospective plaintiffs typically also need to have at least one qualified medical expert on their side who will certify that the health care provider deviated from the applicable standard of care and that deviation was a proximable cause of the patients injuries. They usually need to affirm that belief by writing and signing some form of affidavit under oath.
Learn More About Medical Malpractice Cases from a Skilled Attorney
Even if you have successfully pursued a personal injury lawsuit in the past, knowing whether you have a medical malpractice case after getting hurt or sick due to your doctor’s misconduct can be difficult. Fortunately, you have help available from a knowledgeable medical malpractice lawyer who can make sure you understand your legal rights and help you make the best possible use of them. Call Price Benowitz today to discuss your potential claim.
