Determining Grounds for a Medical Malpractice Case
When a doctor, nurse, surgeon or other medical professional makes a bad decision or acts in a manner in which the outcome isn’t good, it doesn’t necessarily mean you have a valid medical malpractice case. Elyria medical malpractice lawyers can help determine if you have enough cause to move forward with legal action.
Establishing a Medical Malpractice Case
In order to establish a medical malpractice case, you must first be able to demonstrate that a healthcare professional acted in a negligent manner. Poor results or complications don’t always warrant a claim. In addition, decisions that are based on a doctor’s best judgment and result in a negative outcome may not be cases of medical malpractice.
Negligence means that a medical professional failed to provide the expected standard of care. An argument that could be used in a medical malpractice case is if another healthcare professional, who dealt with a similar set of circumstances, would have made a different decision or pursued a different course of action.
Cases like this can be difficult to argue and prove. However, other types of negligence are more obvious. For instance, if a surgeon left a surgical instrument inside a patient, and it caused additional injuries, this might be an easier claim to prove. Likewise, if a pharmacist gave a patient the wrong medication and the patient suffered serious complications, you may have a valid claim.
Damages in a Medical Malpractice Case
In addition to establishing that medical negligence took place, you will need to prove that you suffered damages. If no injuries were suffered or the injuries were minor, they probably wouldn’t warrant pursuing a claim. However, if the injuries were disabling, life-threatening or fatal, then you most likely will have a very valuable case.
Damages can address a number of things including your medical expenses, lost wages, future medical expenses and lost wages, earning potential if you became disabled, pain and suffering, mental anguish, reduced quality of life, wrongful death, and more.
Finally, you will need to prove that the negligence was the direct cause of your damages. This can be challenging when it comes to medical issues because previous injuries or conditions may play a role. For instance, if you developed complications from a surgery, an underlying medical condition may be to blame.
There are so many intricacies to this type of claim that seeking help from Elyria medical malpractice lawyers is the best way to determine if you have a legitimate claim worth pursuing. A number of things will need to be factored in before determining if you have the right to pursue a medical malpractice case.
This type of case can be very time-consuming and complicated. You will need to complete a significant amount of paperwork and forms. In addition, evidence will need to be collected. However, with the help of experienced legal counsel, you don’t have to do it alone.
It is highly advised that you secure help from Elyria medical malpractice lawyers who have experience in medical malpractice cases. A lawyer should have a solid understanding of general medicine and any state or federal laws that may impact your case.