A Medical malpractice case happens when a patient is wounded or deceased due to negligence from a doctor or other health care provider. According to the Institute of Medicine, each year nearly 100,000 people die from medical mistakes, yet fewer than 10% of all acts of medical malpractice results in a claim against the doctor or hospital.
Not all cases qualify for a medical malpractice claim. Just because a patient is injured while in their doctor’s care does not entitle them to a claim. With modern medicine continually making new developments there isn’t much guarantee that any procedure can cure a patients sickness. All medical treatments have the potential to go wrong despite a doctors best pursuit. Doctors are not legally liable for adverse or undesirable outcomes of procedures.
Medical malpractice is when a medical professional does not provide medical care that adheres with the medical standard. In most medical malpractice claims both parties appoint an expert witness. This witness informs the jury of the medical standard that the health care provider was required to meet for the procedure and if they adhered to this standard.
It is vital that you are able to prove the doctor-patient relationship. This means you hired a doctor to perform a procedure and the doctor agreed to it. For example, if you take advice from a doctor in a casual setting you can not sue them for malpractice. However, if you were being seen and treated by a medical professional, a doctor-patient relationship would not be difficult to prove. It is also imperative that you can show that the doctor was negligent in their analysis or treatment. Health care providers are not expected to complete perfect procedures, but are expected to use legitimate skill and care.
If you’ve suffered a devastating personal injury as a result of a medical professional’s error, you should speak to our medical malpractice attorneys immediately. Please contact The Cochran Firm today for a free consultation.