Each year, thousands of people die in the hospital either from injuries they have sustained due to an accident, illness, wrongful death or other reasons. Many die on the operating table or in the care of a medical professional. When this happens, it is difficult to cope with. Doctors are supposed to do everything in their power to make someone get better. And for the most part, they do.
However, there are certain instances where a medical professional may have messed up so severely, that it actually caused more harm to the person, and unfortunately sometimes results in death.
The issue of the appropriate medical standard of care to apply is often one of the most contentious in a wrongful death case, and proving this element is usually a two-pronged task that includes.
If you or a loved one have been the victim of medical malpractice or wrongful death, you need to hire an attorney that will represent you and make sure you are fully compensated. Money can’t replace a loved one, or give you back your health, but it can help financially those who are left behind or need extensive treatment. Here is what needs to be determined if you are filing a medical malpractice suit.
Was there a doctor-patient relationship?
Did the standard of care fall short to the point of medical negligence?
Was there a causal connection between the negligence on the medical professional’s part and the patient’s harm, and did it result in obvious harm to the patient?
Is there obvious evidence the doctor failed to do all they could for the patient?
What is the Medical Standard of Care?
The medical standard of care is a combination of the type and amount of skill and attention anyone in the same medical field as the caretaker would have exercised in treating the patient.
Simply put, what are the accepted practices surrounding the medical procedure that led to the mistake in question? The answer to this question usually comes from an expert witness in the medical field who is speaking from knowledge or expertise in that given field.
Finding yourself on the defending side of a medical malpractice suit can do a lot of harm to your reputation and your career. The burden of proof is on the plaintiff, but just being questioned about your practice standards could damage your image. If you find yourself in need of legal assistance with a medical malpractice suit, Jed Kurzban Esq. can help.
Medical malpractice is no joke, not for the plaintiff or yourself. There are many great doctors out there who at some point in their career have a suit brought against them. Many times, it is out of frustration or anger of the patient or loved one. Most of those suits don’t make the news and don’t do much damage professionally. But for the lawsuits that do make the headlines, the consequences can be devastating. You want to get an attorney who will defend you to the fullest and make sure your career stays intact.