Understanding Standard of Care in Medical Malpractice Cases

Medical malpractice is a common occurrence in today’s world. Doctors and other medical professionals often make mistakes that cause harm to their patients. Of course, not every error results in a medical malpractice lawsuit. The laws regarding malpractice are complex and require the expertise of a skilled malpractice attorney. When a doctor or nurse has provided inappropriate treatment, the patient likely suffers both physically and emotionally. The result can range from minor medical problems that are quickly resolved, to long-term physical problems, and even could cause death.

Standard of Care

The law requires physicians and other medical professionals to conform to a standard of care. When a doctor fails to perform this type of care, and the patient is harmed, it may be grounds for a malpractice case. A doctor is considered negligent when the standard of care has not been upheld. This is because doctors are highly trained and skilled in their area of expertise, so therefore they are expected to be knowledgeable. If they fail y to provide proper care, it may be that they were negligent. Negligence must be proven in order to prevail in a medical malpractice case.

Medical Malpractice Cases

In order to bring a successful medical malpractice lawsuit, four important elements of fact must be proven. These include:

· The doctor had a duty to look after the health of the patient · The doctor failed in this duty by acting in a negligent manner. The doctor did not meet the standard of care.
· The doctor’s breach of duty caused injury for which you are seeking damages · The injury resulted in specific damages
If you or a loved one were injured due to the actions, or lack of actions, of a doctor, it must have caused actual damages in order for you to win a lawsuit. In other words, there must be physical or emotional pain or other medical consequences that were a direct result of the mistake.

Proving Medical Malpractice

If a doctor has done something wrong that caused you harm, you will need to prove that he or she did not meet the appropriate standard of care. Because medical litigation can be very complex, it is usually necessary to utilize an expert medical witness to testify that the doctor failed to act properly in providing care. It is essential to prove that the doctor’s actions were not appropriate and that most other doctors of similar qualification would have acted differently.

Seeking the Compensation You Deserve

When you or a family member has suffered due to a doctor’s negligence, it may warrant compensation. You may be entitled to money to pay for all medical costs associated with the problem as well as money for pain and suffering, lost wages, and other damages. It is important to contact an attorney as quickly as possible because your lawyer will be better able to investigate the situation. Contact the experienced medical malpractice attorneys at Levin & Perconti for a consultation.

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