Do I Have a Medical Malpractice Claim?
July 27, 2012 by
If you suffered an injury at the hands of your doctor, nurse, surgeon, pharmacist, or other medical professional, unfortunately, it does not necessarily follow that you have a legal basis for a medical malpractice claim.
Medical malpractice doesn't just mean that the doctor made a mistake. It means that the doctor or other medical professional did not follow the accepted, normal, standard of medical care practiced in your situation. This negligence must have resulted in the serious injury or other irreversible situation you are experiencing now.
Doctors must have either failed to act or have acted in some way that they were not supposed to, which caused harm. For instance, an ER doctor who diagnosed indigestion in a man who was having a heart attack and later died could potentially be held accountable for failure to diagnose. A surgeon who operated on the wrong body part or who punctured an organ could potentially be sued for not acting in accordance with the accepted standards of care, thus causing harm.
Mounting medical malpractice claims is a complicated, challenging process. This is especially so because laws in many states place restrictions on suing health professionals. These restrictions essentially protect surgeons, doctors, and hospitals.
Consequently, the injured person or the family of the loved one who was injured must prove: a care or treatment was owed to the person and the medical professional failed in that duty, which caused serious harm to the patient.
An attorney who has experience in this unique area of the law can answer your questions and help you understand your rights in troubling situations like these.