Being a malpractice victim is the last expectation that somebody has when they interact with medical professionals. Unfortunately, these cases are more frequent than we would like to admit. Medical malpractice is a complex situation that demands,in all cases, the assistance of a professional lawyer or attorney. It is described as the act of negligence of a medical facility or medical staff member that led to the patient’s injury or sometimes, death. The medical staff member can have any position, from nurses, anaesthetists, doctors, surgeons and so on. In such cases, the victims’ family is the one that will have to deal with the entire process, especially if the malpractice resulted in patient’s death. Below are some pieces of advice that will give you a deeper insight on how you should proceed in such cases.
What are the main objectives that lawyers have in such cases?
The US law system has two main objectives when faced with malpractice cases. First, to compensate the patients who suffered injuries from medical negligence and second, to prevent medical practitioners, regardless of their specialty and position from negligence. In some of the cases, emotional damage and trauma will be compensated. However, these claims are difficult to solve, and complex to approach. In all of the cases, when a patient thinks that they have been a victim of medical malpractice, the assistance of a homestead hospital accident lawyer will be necessary for a successful outcome.
What should legal practitioners prove in a medical malpractice case?
There are many variables that should be taken into account in a medical malpractice claim.
- The presence of a doctor-patient relationship. This might sound obvious, but in some cases the doctor-patient relationship is difficult to prove, as in the medical process, there are involved more parties. However, proving that the victim received medical care in an establishment should be enough.
- The presence of a breach in the medical care act. This is also a thing that should be proven in court, for a positive outcome for victim’s family. There should be evidence that the medical staff of medical institution acted negligently in the medical process.
- There is necessary a third-party expert medical opinion. In order to prove that the medical staff acted negligently, there should be an expert assessment of a third-party, impartial, medical expert.
- The negligent act caused trauma (physical/emotional). While the negligence should be proven by the medical expert, the patient should be the one that proves that it caused injury. What injuries could be admitted as medical negligence? Well, anything, from impairment, to disfigurement, physical pain, emotional instability or stress. Also, a prediction of lowered income due to increased medical expenses will be admitted.
In some cases, assessing medical malpractice may be too difficult. This is the case of a cancer patient that received a wrong treatment and died. It will be incredibly difficult that they deceased due to malpractice, and not because of the illness itself. This is why expert legal guidance and assistance is necessary.