Each year, thousands of cases of death or injury due to medical errors are being reported in the US. While medical malpractice has become too common in the health industry, we can’t deny the fact that many patients also die due to some complications and not because of the negligence of the healthcare provider.
So, how do we know if a certain death is related to medical malpractice or just an unfortunate case of disease complication or surgery risk? In all medical malpractice claims, substantial proof that the victim received care that’s negligent or doesn’t adhere to set standards is essential. The victim also has the burden to prove that such directly caused the injury or illness.
If you’re going to proceed with a claim, here are the factors that you need to consider to determine your case’s viability.
Duty To Care
For a case to be viable, one significant factor is your relationship with the doctor. If there’s no relationship and the doctor doesn’t have a duty to care for you, your claim will not be accepted for medical malpractice. Your attorney should, therefore, prove that the healthcare professional in question has the duty or obligation to act. The case will not proceed if a doctor-patient relationship is not established.
Another vital factor is the presence of negligent or substandard care received by the patient. In order to prove this, the statements of medical experts and witnesses are crucial alongside the works of your medical malpractice lawyer to show that the care you received was indeed negligent or has failed to adhere to professional standards.
In general, the expert witnesses will testify about the set standard for the procedures undergone or care received and then compare those with the actual care received by the victim. From there, the comparison will allow for the identification of any errors or negligence.
Direct Cause of Injury
The burden of proving that the direct cause of the victim’s injury is on the victim itself. Your attorney should be able to help you determine proof that connects the negligent care received to the injury sustained. If negligence is proven but it didn’t directly cause the injury, there’s no viable medical malpractice case.
The last factor that you need to consider is the presence of quantifiable damages as a result of the negligent care given. Basically, the victim needs to demonstrate that the damages incurred such as lost wages and medical expenses can be quantified. The victim’s party should then present the monetary value of the damages to the court. Additionally, the victim should also be able to show the effects of emotional distress and pain to the court to further prove the substance of the injury.
The success of a medical malpractice case depends on the legal representative’s strength. That’s why when you decide to pursue a claim, the reputation and experience of your attorney is of the utmost significance. Because of all these factors, medical malpractice suits can be time-consuming, costly, and stressful – the reason why getting the service of an experienced medical malpractice attorney such as the ones in Seeking Justice – The Abelson Law Firm is crucial.