Simply put, medical negligence is negligence on the part of a doctor or medical professional that occurs during the treatment of a patient. A medical malpractice case is a personal injury lawsuit filed by an injured patient to recover compensation for the damages they have suffered as a result of being treated by a doctor or medical professional. If you have been treated by a medical professional and your situation worsens because of it, you may have reasons to start a medical malpractice case. However, there are 4 things that need to be proven in order for you to win a medical malpractice case.
The second thing you'll need to prove is that the doctor breached the standard of care mentioned above. In other words, did the doctor do something that a reasonably competent doctor wouldn't have done? Or that the doctor doesn't do something that a reasonably competent doctor would have done? The standard of care and non-compliance with the standard of care, together, demonstrate negligence on the part of the doctor, but this is still not enough to win a medical malpractice case. The third thing you need to prove to win a medical malpractice case is causation. This means proving that the doctor's failure to comply with the standard of care actually caused the injuries you have suffered.
In some cases, the doctor may have breached the standard of care, but that non-compliance may not have caused your injury. For example, everyone knows that doctors must wear latex gloves when operating. Not wearing such gloves is clearly a violation of the standard of care. However, it would be very difficult to establish a clear link between the doctor not wearing such gloves and mistakenly operating on the wrong leg.
On the other hand, if you contract an infection after the operation, the fact that the doctor has not used those gloves may have undoubtedly caused the infection, since the gloves are intended to prevent such infections. The last thing you should prove is damage. This means demonstrating the nature and severity of your injuries, how they prevent you from earning a living, and what medical costs are involved in treating your injuries. In other words, you must demonstrate all of the financial costs of an injury as a result of the doctor's failure to comply with the standard of care.
Here are some examples of mistakes a doctor makes that can comply with all four elements of medical negligence and result in financial compensation for the plaintiff:. To win a medical malpractice case, the plaintiff has the burden of proving all four elements. Therefore, the elements of medical malpractice are similar to the same four-part negligence test used in any civil legal action. In all of these cases, a jury could determine that medical negligence is due to the doctor's actions or inactions.
Your best help in any medical malpractice lawsuit is expert testimony to describe what the doctor should have done under the circumstances. In addition, to win a negligence claim, plaintiffs will need to prove that their injury or illness directly resulted in actual financial damages. Under medical malpractice law, the doctor is not the only person or entity that can face a medical malpractice lawsuit. You'll likely need a medical expert to review the relevant records and affirm that the doctor did something (or didn't do something) that another professional with the same training and experience wouldn't have done.
This can happen in many ways, and it can be difficult or impossible to pinpoint how it happened without the help of a medical expert. If you believe that you are a victim of negligence and see all four of the above elements in your case, contact a New York personal injury lawyer immediately. While you don't always get the best treatment results, you shouldn't be injured when a doctor makes medical errors. .
