There are about 1.15 million cases of medical malpractice in which the patients health or safety is put at risk each year. The vast majority of these cases are committed by competent doctors who only want what is best for the people in their care. Even the best doctors occasionally make mistakes in diagnosing conditions and administering treatment, however. The cases can be roughly divided into misdiagnoses and medical malpractice negligence. In the second type of case, the doctor fails to notice that the patient has a serious condition or that he or she needs immediate attention.
In order to prove medical malpractice negligence in court, the following need to be true of your case.
Negligence Led to Injury or Death
A mistake that is caught early and does not lead to any significant or lasting health problems in the patient is generally not prosecuted under medical malpractice law. Unless the patient or their family can prove that enough damage was inflicted as to actually warrant significant compensation, the case is generally not considered worth pursuing.
The Health Care Provider Deviated from the "Standards of Care"
"Standards of care" is a legal term, and one that is open to some amount of interpretation. It is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances. Since medical professionals often have differing opinions, exact standards of care for many different circumstances can be difficult to pin down.
Thorough Documentation of Procedures
Medical malpractice cases are often time-consuming, stressful, and expensive. What's more, the person filing the claim has a relatively low chance of winning his or her case. This means that many attorneys are unwilling to take on a malpractice suit unless extensive documentation of negligence can be provided.
If you suspect that you may have grounds to file a medical negligence claim, discuss your options for proving medical malpractice negligence in your case with an experienced medical malpractice attorney. Call 800.722.9744 today to make an appointment for a FREE consultation with an attorney at the Law Offices of Marc J. Shuman & Associates, LTD.