Medical malpractice is a claim brought in civil court against a medical practitioner. At its core, the claim is essentially one for medical negligence. That being said, most patients don’t understand what they are getting into.
Most people believe that if the receive medical treatment and have a bad result, medical malpractice has occurred. This is, in fact, not the case. A bad result might mean malpractice occurred, but then again it might not. Doctors are not held to a standard wherein they have to provide a perfect result every time. Medicine and the human body just do not work that way.
So, what is the secret to understanding your medical malpractice case? It has to do with elements. To prevail in a lawsuit, you must prove certain elements in a case. Generally speaking, these elements are the standard of care, a breach of that standard, causation and damages. Keep in mind that every state has a slightly different version of this law, but this is the general standard for purposes of this article.
The standard of care is often a confusing issue of many. It simply means the minimum standard of care that is required of medical professionals in the community for the particular treatment in question. The standard is established through expert testimony in most cases.
The breach of the standard of care is pretty much what it sounds like. Having established the standard of care, did the defendant fail to meet it? This is again established through expert testimony.
Causation is vital element of the claim as well. If a doctor performs below the standard of care, it doesn’t matter unless it “causes” some damage. If the doctor performed a knee surgery below the standard of care, it doesn’t matter if you are claiming an elbow injury!
Damages are, of course, the final element that must be proved. This is usually done by showing bills related to further medical care. A more subjective claim for “pain and suffering” is usually made as well. Essentially, this is the point where monetary damages are suggested by the plaintiff and argued against by the defense.
If you have received medical treatment you have questions about, you should speak with a medical malpractice attorney in your area. They can give you the low down on the treatment you’ve received and the local standards that apply.
Aazdak Alisimo writes
medical malpractice articles for MedicalMalpracticeAttorneyNet.com where you can find a
medical malpractice attorney in your area.
