Medial malpractice is a term that refers to negligent treatment, lack of appropriate treatment or any other departure from the accepted standards of health/medical care and safety by a medical professional or health care provider that leads to harming a patient. It can include wrong diagnosis, failure to treat, improper treatment, delay in treatment, prescription error, lack of appropriate follow-up and much more.
A medical malpractice victim is entitled to recover damages and be compensated for the needless medical expenses incurred, lost services, lost wages, compensation for suffering & pain and punitive damages. To claim the compensation, the victim has to hire a medical malpractice attorney. A lawyer can help the victim to produce credible evidence of malpractice to substantiate the claim.
The plaintiff has to prove the following:
- The physician/medical professional had a duty of care towards the plaintiff
- That duty was breached or violated
- The plaintiff suffered a compensable injury
- The injury resulted directly from the breach of duty by the physician/medical professional
When a physician agrees to treat someone and a doctor & patient relationship is formed, a duty of care is naturally owed by the physician to the patient. The evidence of compensable injury is also easily identified and proved. However, the second and the fourth points are the ones that are difficult to prove, especially by a layman. It is not easy to prove that the physician did not deliver treatment and care conforming to the accepted standards. Moreover, the claim that the injuries to the plaintiff were caused directly by the physician’s substandard or negligent care is contested strongly. The defendant can argue that external factors that are unrelated to the care extended to the patient were responsible for the injury.
The services of a medical malpractice attorney who is well aware of the medical problems as well as the medical law can help the victim of medical malpractice fight for his legal rights. The lawyer helps the claimant put forth his claim before the court in a complete and accurate manner. Most of these lawyers take cases on contingency basis, charging fee as a percentage of the compensation amount.
Medical malpractice law is a very specialized and technical field. There are several lawyers who handle cases associated with specific areas of medical negligence only. For instances, some attorneys take up cases related to surgical errors, while there are others who take up only birth trauma cases.
Any person who has suffered due to medical negligence and needs legal counsel can search across an online business directory to find a reputable and experienced local medical malpractice lawyer.