You think you have got a medical malpractice case? It’s not so easy to determine whether your case is really such or not. Of course, there is a standard duty of care for the doctors, nurses and other medical professionals and if they have breached that duty or in other words if they failed to act in a proper way like another professional would do, then you already have some chances to file a lawsuit against the physician or the nurse. Failure to act in a professional way or breach of duty may otherwise be called negligent behavior on the part of the medical professional.
However, this is not yet sufficient for you to be able to file a lawsuit based on a medical malpractice case. The second crucial step you should take is showing the relation between your injury and the negligent behavior of the doctor. And for the last point, you should prove that you have suffered damage or injury as a result of the doctor’s negligence.
There is a range of damages and injuries one may suffer as a result of negligence on the part of either one doctor or the whole medical personnel. Following are some examples of medical malpractice:
- Failure to timely diagnose such illness like heart attack or different infections
- Failure to diagnose illnesses and diseases in general
- Failure to provide thorough anesthesia
- Failure to prescribe the right medicine
- Serious surgical errors resulting in pain and sufferings
As a result of all these types of medical malpractice, the patient may suffer the following injuries:
- Mental and emotional traumas
- Financial and economic damages
- Either temporary or permanent disability
- Wrongful death
Of course, you may believe that the pain you have suffered is because of the doctor’s malpractice; however, you need to prove it in the court as well. For this reason you had better hire a skilled medical malpractice trial lawyer who knows the ins and outs of such cases.
First of all you will need at least a doctor who would be willing to express his/her own professional opinion concerning the case. This will help the judges see whether your doctor really breached his/her duty or not. Later on, your attorney will try to prove that the damage or the injury you have suffered had been caused by the negligence of your physician.
As you can see, it is not so easy to deal with a medical malpractice case and if you want to win one, you will need an experienced attorney for sure.