Understanding Medical Malpractice: Criteria and Legal Guidance
What is Medical Malpractice?
A simple mistake on a doctor’s part is not sufficient to establish medical malpractice. Doctors are, after all, human and will make mistakes. To determine if a mistake rises to the level of medical malpractice, four factors must be considered:
- Was there the existence of a doctor-patient relationship?
- Did the doctor’s treatment of the patient fall below the accepted and regulated medical standard of care? For an attorney to establish medical malpractice, the attorney will need to be able to not only show and explain the normal standard of care for a patient in the same situation, but the attorney must also be able to show how the doctor’s care fell short of the normal standard of care. This evidence will likely need to be established by expert witnesses presented by the plaintiff and his or her attorney.
- Was there a specific, direct link between the doctor’s actions and the harm caused to the patient? The plaintiff’s expert witness will also need to be able to show a direct link from the doctor’s treatment and care for the patient and the harm caused to the patient. The expert will need to be able to show that the worsening of the patient’s health was a direct result of the doctor’s actions.
- Was the harm that the patient suffered something that was measurable and quantifiable? If the plaintiff’s attorney is unable to show the court that there are specific measurable damages, the court will not be able to assign a value or penalty for the doctor’s actions.
What to Ask Your Attorney
If you feel that you have suffered from medical malpractice, you must consider that there may be a time limit for filing a medical malpractice suit. Speak with an attorney as soon as possible, and keep in mind that many attorneys take medical practice cases on a contingency basis, meaning that you will not need to pay any fees up front and the attorney will simply collect a portion of the award, should you win your case. Our attorneys at Young and Young are well-versed in medical malpractice lawsuits and offer free consultations. Contact us today.
Contact Our Expert Attorneys
If you need legal assistance with a medical malpractice case, don't hesitate to reach out to our experienced team at Young & Young. We offer a free consultation to discuss your situation and guide you through the legal process.
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