If you believe you may have a valid claim for medical malpractice against your doctor or a hospital where you were treated, then your personal injury attorney will have to prove a couple of main points when your case makes it into a courtroom. Your lawyer will need to prove the medical provider acted outside of the current medical standards of care and that this action caused you damages.
Below you will find a short explanation of each of these important aspects of a medical malpractice case to help you make a preliminary determination if you have a valid case in the eyes of the law or not:
Your Medical Provider Acted Outside of the Current Standards of Care
The medical industry has certain agreed-upon standards of care all providers agree to adhere to. For example, all providers limit their prescribing of antibiotics to cases where the medication is medically necessary to fight an infection. Doctors purposefully do this as a group to help combat the ever-growing problem of antibiotic-resistant bacteria.
If a medical provider doesn't take the same actions that another competent provider would take in the same situation, then it can be proven they did not act within the standards of care set by the medical industry.
Using the example above, if your doctor didn't believe you had an infection but repeatedly prescribed you antibiotics, then your doctor would be found to be acting outside of the standards of care.
Your Medical Provider's Breach of the Current Standards of Care Caused You Damages
Whether your medical provider breached the standards of care intentionally or accidentally, they can still lose a malpractice case. Using the previous example, suppose your doctor had read about an experimental study where an antibiotic was prescribed off-label to cure a disease, and so they gave the antibiotic treatment to you in hopes of curing your disease.
If your body has a severely adverse reaction to the antibiotic and you are left paralyzed from the waist down, then you have a personal injury case for malpractice because your doctor didn't adhere to the standards of care and caused you damages. It doesn't matter that your doctor was trying to help and the damages you suffered were accidental.
What to Do If You Believe You Have a Valid Case for Medical Malpractice
If you believe you have a valid case for medical malpractice against a medical provider, then you should make an appointment with a personal injury attorney service in your city. They will review your case and advise you about the next steps to take.Share