If you or a loved one has been injured or killed following a medical procedure, you likely feel confused by the situation. Many people do. After all, most people expect a medical professional to behave and act professionally and with great skill. Unfortunately, this is not always the case.
If you plan to pursue medical malpractice in court, you first need to understand some of the basic matters of the situation to determine whether or not you have a solid case.
What Is Medical Malpractice?
Medical malpractice occurs when a professional fails to provide care that meets the expected standard of care. While medical professionals make mistakes, malpractice extends beyond a simple mistake. Malpractice often includes negligence or failure of the doctor to act as he or she is expected to.
Malpractice can be a complicated case to make, but it is possible to do so with the right legal counsel. Demonstrating that you have a solid case can be difficult because every instance of malpractice may have subtle nuances that only the court can make a determination about.
What Are Examples of Medical Malpractice?
Some cases of medical malpractice are simple. For instance, a surgeon might leave a foreign object inside the patient following a procedure. A doctor might perform a surgery on the wrong patient, or perform a procedure the patient did not provide consent for. A nursing home might hire nurses who act abusively toward patients.
Other cases might be more complicated. These include delayed diagnoses, birth injuries, device errors, and misread test results. You might need to prove that a hospital was understaffed, resulting in negligent treatment. These cases are not as cut-and-dry, leading to more debate.
How Can You Make a Medical Malpractice Case?
One way you can make a medical malpractice case is to call on expert testimony during your case. Experts can demonstrate that a competent staff member would have acted differently in a similar situation.
Next, you must consider the statute of limitations. If it has been too long in your state, you might not be able to sue for medical malpractice. This is why you must consult with an attorney as soon as you realize medical malpractice may have occurred.
Of course, you also need an attorney who understands medical malpractice law. This is not an area in which you should try to act as your own lawyer. Malpractice has many nuances involved in the law, but a skilled attorney can help you understand your case.