Making claims of medical malpractice is a serious step. It means that you are making a decision to take legal action against a medical care provider, which on the surface can be an arduous process. If you are considering taking legal action and need aid in the form of an expert medical witness, then first consider these key factors that can help you identify if you have a legitimate medical malpractice case to make.
What Is Medical Malpractice?
Medical malpractice is dependent upon a few conditions. It comes out of an existing doctor-patient relationship. There was treatment provided that was below the accepted medical standard of care, as well as a connection between a specific doctor’s care of the patient, and a resulting measurable harm or injury that resulted from improper medical procedures or treatments. Before you can make a claim for medical malpractice, all of these elements need to be identified clearly. This is something that a legal professional can help you determine.
Falling Below Standards
The root issue of medical malpractice is that the care provided did not meet overall medical standards. Three things must be identified in making a medical malpractice case: the standards must be made clear, the method or execution of less than standard practice must be identified, and the resulting measurable injury needs to be presented. These three elements will work together to help you make your medical malpractice claim effectively.
The Error of Negligence
A client may feel the effects of medical negligence clearly, but that breach in the standard of care needs to be clearly identified to make a case. This is where an expert medical witness can come in handy alongside your attorney to provide testimony concerning what policies and standards are and help with specific citations for how those standards were not met in your specific case. It is not enough to have a negative result from a medical procedure. There need to be specific criteria to point to in making a case that help prove that the care received was less than standard.
Get Informed and Ask Questions
Your attorney is going to be your teammate as you take on this case. In order to put yourself on the right footing, it’s good to have a general idea of what you’re trying to accomplish and to have some questions lined up to ask your attorney so that you’re on the same page. Where did you receive care, and where were you insured? Are there limits in your state to how much compensation you can receive for medical malpractice? What’s the time limit for filing this type of lawsuit? All of these are great questions to ask of your attorney when the time comes.
Making a case against medical malpractice doesn’t have to be impossible. With the right attorney and expert medical witness, you can boldly testify as you make your claim. As long as you have the criteria to make a case, you can take confidence as you proceed.
