- Medical Malpractice
Medical malpractice cases are some of the most complex and challenging personal injury claims to prove. In addition to the elements required in any personal injury case, your Mableton medical malpractice lawyer must navigate the intricacies of medical procedures, diagnoses, and treatments.
With so many hurdles to obtaining justice, it’s easy to see why you need an experienced attorney on your side if you or a loved one has been a victim of medical malpractice.
Understanding the Four Elements in Any Personal Injury Case
When it comes to personal injury cases, four essential elements must be present for a successful claim. These include duty of care, negligence, causation, and damages. But what do these terms actually mean?
Firstly, duty of care refers to the legal obligation a person or entity has to take reasonable measures in preventing harm to others. In the case of medical malpractice claims, doctors and healthcare professionals have a duty of care toward their patients.
Secondly, negligence is the failure to meet the standard of care required under the circumstances. This could mean acting carelessly or recklessly or not taking reasonable precautions.
Causation is an element that links negligence with actual harm suffered by the plaintiff. Your Mableton personal injury lawyer will need to prove that you were injured because of the defendant’s behavior.
Damages refer to any losses or harm suffered because of negligent behavior on behalf of another party. These can include physical injuries and emotional distress.
The Doctor-Patient Relationship Proves the Existence of Duty of Care
One of the most critical components in a medical malpractice case is the existence of a doctor-patient relationship. This relationship establishes the duty of care owed by the physician to the patient. Without proof that such a relationship exists, it’s impossible for an injured party or their attorney to prove that the physician acted negligently.
Healthcare providers have an obligation to provide appropriate treatment for patients according to accepted standards within their field. In some cases, a hospital or other medical facility can be liable for the actions of a doctor.
Medical Negligence Is Very Difficult to Prove
Proving medical negligence is a complex process. In most cases, it’s not enough to show that the doctor made an error or didn’t provide adequate treatment. Your lawyer will need to demonstrate that the doctor acted negligently by not meeting the standard of care.
This refers to what a reasonable and competent healthcare professional would have done under similar circumstances. It can be challenging to establish this standard because doctors may disagree on what constitutes appropriate treatment.
Your Lawyer Will Need to Rely on Expert Witnesses to Prove the Doctor’s Negligence
Expert witnesses are qualified professionals with vast experience and knowledge in their particular field. They testify under oath, providing critical opinions and insights into what constitutes acceptable standards within the healthcare sector.
In a medical malpractice case, your lawyer must establish that the defendant (the doctor) breached his or her duty of care towards you as the patient. The expert witness can explain what an ordinary prudent physician would have done under similar circumstances and how the defendant didn’t meet the accepted standard of care.
The expert witness testimony will also help prove that it was this negligence that directly caused your injury or illness and not any other underlying factors. By working closely with experienced legal counsel and reputable experts, you stand a better chance of securing maximum compensation for damages suffered due to medical malpractice.
Causation Will Be Disputed by the Insurance Company
One of the biggest challenges in a medical malpractice case is proving causation. This means showing that the doctor’s negligence directly caused harm to the patient.
The insurance company may argue that even if the doctor made mistakes, those errors did not cause your injuries. They might suggest that you had an underlying condition that contributed to your injuries. Your medical malpractice attorney will need to gather evidence such as medical records and expert testimony to prove it was the doctor’s negligence that caused your injuries or illness.
Your Medical Malpractice Lawyer Will Work With Experts to Prove Your Damages
Your lawyer must justify the amount of compensation you’re seeking with evidence. In a medical malpractice lawsuit, damages can include:
- Medical bills and future medical costs
- Lost income (including lost future earnings)
- Pain and suffering
- Loss of quality of life
Your attorney may work with economists, vocational experts, and other professionals who can calculate the financial losses associated with your injuries. Expert testimony from medical professionals can help demonstrate how you have experienced physical suffering and emotional trauma like anxiety and depression.
Don’t Fight a Medical Malpractice Case Without an Experienced Mableton Injury Lawyer!
Proving a medical malpractice case is not an easy feat. Failing to do so could result in your case being dismissed or receiving less compensation than you deserve. That’s why it’s crucial to hire an experienced Mableton personal injury lawyer.
At Hartley, Rowe & Fowler, we have the knowledge and expertise needed to navigate the complexities of a medical malpractice lawsuit and help you receive proper compensation for your injuries. Contact us today at 678-825-6004 to schedule a free case review!
