Medical malpractice lawsuits are one of the most common types of legal claims filed in the U.S. This type of claim arises when a health care professional is negligent in providing medical care or in providing treatment to patients. All too often, doctors, nurses and other medical care providers are negligent, causing harm to the very patients they are supposed to help. Not all medical mistakes or unfavorable outcomes rise to the level of malpractice, however. This is often a very difficult concept for victims and their family members to understand. Understanding medical malpractice, and the legal requirements surrounding this type of claim is important to getting compensation for all of your financial, physical and emotional damages.
What Constitutes Medical Malpractice?
As previously stated, not all medical mistakes constitute malpractice on the part of a health care professional. There are a variety of different scenarios which may give rise to a valid medical malpractice claim, however, including:
Failure to diagnose
Prescription drug errors
Failure to obtain informed consent
Medical malpractice claims may be made against any type of medical professional, including doctors, nurses, hospital staff, nursing home staff, pharmacists and other health care providers. Your medical malpractice attorney must be able to prove that the health care professional failed to uphold the medical standard of care in his or her community. This standard is defined as the level of care that a competent health care professional with similar education and experience working in the same medical community would have provided under similar circumstances. Hawaii medical malpractice
Do I Have a Case?
In order for you to have a valid medical malpractice case, your attorney must be able to demonstrate to a judge or jury all of the following:
1. Your doctor owed you a duty of care. Once a health care professional agrees to provide medical care, they also have a legal responsibility to provide competent treatment.
2. Your doctor breached that duty by providing substandard care. This is usually proven with expert testimony regarding the accepted standard of care in your community.
3. Your doctor’s breach of duty caused injury to you. Your attorney must demonstrate that your injury was a direct result of the doctor’s negligence.
4. You have sustained physical, emotional and/or financial losses because of your injury.
When people visit a doctor’s office or hospital, they trust that they will receive quality care. No one who places their health and well-being in a doctor’s hands ever anticipates that he or she will make a mistake that will cause them harm. Medical mistakes happen all the time, however, and when they do, it is essential that victims and their families seek legal advice immediately. If you think you have been injured or a loved one has died due to a doctor’s negligence, contact an attorney as soon as possible to discuss your legal options. Call Snapka Law Firm in Corpus Christi, Texas, now at (361) 888-7676 or toll-free at (866) 888-7676 to discuss your case with an experienced medical malpractice lawyer.