What is Medical Malpractice?

You have probably heard the term medical malpractice in passing or on a television commercial, but fortunately for many, there is no need to truly know what the term means until it happens to you.

In short, medical malpractice occurs when a medical professional, be it a doctor, nurse, hospital, or other health care professional, causes or contributes to an injury to a patient through negligence. This negligence can occur in many forms: a doctor can misdiagnose a patient, give them the wrong prescription, fail to properly manage their care post surgery or treatment, or even injure them during treatment.

There are three steps to proving that medical malpractice occurred and it often takes an experienced medical malpractice attorney to ensure that all three are proven and included in the case.

First, you must prove that you are hurt. Before treatment begins, your doctor should go over any possible risks and complications that come along with it. If you suffer from a complication that is medically common and explained by your doctor before your treatment, you won’t have the grounds to pursue a medical malpractice case. Instead, you must prove that you were injured outside of those explained parameters. This could mean that you lost feeling in a limb or sustained a head injury that wasn’t a direct result of the treatment, but rather due to the doctor, nurse, or hospital staff who treated you.

Next, you must be able to prove that you have a relationship with the doctor who caused you harm. This is the part where a lot of patients get stuck as it is common for many doctors to help out with a surgery, especially if it is an emergency. To pursue a medical malpractice case, you must be able to prove that the doctor who hurt you was your main practitioner or that you have discussed, and agreed upon, this treatment together before the treatment took place. This step is vital due to a clause that states that negligence can only occur between a doctor and a patient who enter an agreement together.

The last, and most difficult, step is proving that some sort of negligence occurred. A course of treatment not going as planned is not grounds for a case. A patient must be able to prove that a medical professional caused injury or harm because they were not doing their job correctly. One of the best ways to prove negligence is to have your attorney hire a similar doctor to testify that if they had done the same procedure, the injury would not have occurred.

While these steps may seem daunting, if you are a victim of medical malpractice, it is extremely important to pursue a case. An experienced attorney will help you with each of these steps and ensure that you get the compensation you deserve. If you are ready to get back to your normal life and put your medical malpractice case behind you, contact Balkan Patterson Injury Attorneys at 561-750-9191 or visit our website to learn how we can help.

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