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September 3, 2022 by admin

Legitimate Medical Malpractice Case Elements

An injury at the hands of a medical professional can leave you feeling betrayed and deeply worried. If you choose to file a medical malpractice claim, a lawyer will use the following criteria to assess your case.

What Qualifies as Medical Malpractice?

Medical malpractice occurs when a healthcare provider’s negligence or willful disregard for a standard of care leads to your injury or adverse health outcome. Examples of medical malpractice include:

  • A doctor who misdiagnoses or delays a diagnosis
  • A doctor who disregards a patient’s drug interactions when writing a prescription
  • A surgeon who operates on the wrong body part
  • A doctor who fails to recognize an infant’s distress during childbirth
  • A doctor who fails to receive a patient’s consent to perform a procedure
  • A nurse who administers the wrong drug to a patient

How Does a Lawyer Determine Your Case’s Validity?

Individuals who believe that they or their family members are victims of medical malpractice can consult with a lawyer who must determine that various conditions exist before agreeing to represent them. The first step is proving that the medical professional owed the plaintiff a duty of care under the assumption of a professional relationship. For example, within the bounds of a doctor-patient relationship, a doctor has various obligations, including informing a patient about the risks of a procedure, possible dangerous side effects of a drug, available treatment options, and appropriate follow-up care. 

As a personal injury lawyer community members trust from Therman Law Offices, LTD has explained to clients, the second condition for a viable malpractice case involves proving that a medical professional’s actions or decisions are not in line with acceptable medical practice. A patient’s injury or negative outcome must also be a direct consequence of a medical professional’s lack of adherence or divergence from these standards. 

The final criterion that a medical malpractice lawyer uses to determine a claim’s legitimacy is the extent of a patient’s physical or emotional suffering because of an injury. For example, a patient who loses vision in one eye following a surgical error may not be able to work again. An inability to generate income may seriously impact the patient’s financial well-being and cause ongoing bouts of depression and anxiety. 

Pursuing a medical malpractice case requires significant time and resources. A lawyer can assess your situation so you can feel confident about taking legal action and that the potential damages are worth the effort. When an error by any member of your medical team leads to your injury, many victims consult with a medical malpractice lawyer to help them understand what their case might be worth and the appropriate strategy for a successful outcome.

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