Trying to determine if you have a medical malpractice claim is something that can only be resolved by speaking with an experienced attorney. There are many elements that must be met in order to file a claim for wrongdoing against a medical professional. Even with all of the elements being met, all of the evidence must be presented and a testimony must be taken from all of the parties involved in the case. Errors or negligence on the part of a medical professional could result in a malpractice case if it had harmful effects on an individual.
The Medical Standard Of Care
This standard is two pronged. First the actual standard of care needs to be established. This means a determination must be made as to the type of medical care that was appropriate. After this has been met, the victim must prove how the doctor or care provider did not meet the standard. A birth trauma can occur during delivery. A child could suffer from a surgical error or anesthetic mistake made during delivery. An IV error or a medication could also cause a parent to wonder what happened to their baby. Cerebral palsy or delays in development could have come from an injury during birth.
Elements That Must Be Met
An actual doctor-patient relationship must have existed. This means someone must have been a patient and not just an acquaintance that offered medical information. If the relationship has been met, the care must have fallen below what the accepted medical standard of care should be. An example would be a birth injury. During delivery of a baby, if the doctor did not care for a baby that was showing signs of distress during delivery, this could result in a birth injury and is a reason to consult a birth injury attorney immediately.
Any type of injury that might have been sustained by an individual due to poor medical care or improper treatment is worthy of being reviewed by a medical malpractice attorney. Compensation from a successful malpractice claim could include past, present or future medical bills. This can include loss of wages, pain and suffering, as well as many areas of treatment the victim will need. It’s helpful to have as much information as possible when you’re speaking with them. These detailed notes will give them a better understanding of the case and opportunity to ask specific questions about your case.