Do you believe you are the victim of medical negligence? Are you uncertain how to go about filing a claim? An attorney who has experience with medical malpractice can help you build your case, but you must be able to provide enough information to prove the validity of your argument. To accomplish this task, there are three main elements to address in your claim no matter what type of injury you have sustained.
Unacceptable Standard of Care
Once you have contacted a lawyer, you must first establish that the care you received fell below the accepted standard of care. Commonly referred to as a breach, most cases rely on the testimony of health care providers within same area of practice. In this way, you are able to compare the treatment you have received to the recommendations of a reliable practitioner. In addition, any staff member who is involved in your care can be held liable for a breach in the standard of care, from doctors and nurses to physician’s assistants and technicians.
Actual and Proximate Causation
Another aspect of your claim that is often verified through the testimony of a qualified medical expert is causation. In most cases, you will need to prove both actual and proximate causation in the courtroom. This means that your injury must relate directly to the negligent treatment and cause foreseeable damage as a result.
There is, however, one exception to this rule. If a health care practitioner causes an injury that obviously stemmed from medical error, the action speaks for itself. For example, a physician who accidentally leaves an instrument inside your body during surgery automatically qualifies as causation for your claim. This eliminates further testimony from one or more qualified practitioners.
Resulting Injury or Damage
The final step you must take in order to file a claim for medical negligence is to prove an outcome of injury or harm. Due to the inherent risk associated with certain treatments and procedures, this can be a complicated process with a narrow window for success.
Some practitioners mistakenly believe that an informed consent form signed prior to treatment will protect them from future claims of malpractice, but this document is intended solely to inform you of the possible outcomes of the procedure. It does not act as a written authorization for negligence from staff members or physicians. If a health care provider attempts to use informed consent as a legal defense, it is not likely to hold up in court.
Filing a claim for medical negligence can be overwhelming, especially if you are still suffering from the effects. Use this guide to prove medical negligence with the help of your attorney.