Every day, millions of people trust medical professionals to provide accurate diagnoses and competent medical care. However, it doesn’t always work out the way we had hoped. Medical malpractice liability can occur as a result of a multitude of factors, which can included a flawed diagnosis, improper treatment, or even treating a patient without proper permission.
Medical Malpractice in a Nutshell
Most medical malpractice cases are governed by negligence principles. To establish medical negligence, an injured patient must be able to prove:
- The existence of a duty owed by the health care professional to the injured patient (for example, a doctor/patient relationship);
- The applicable standard of care, and the health care professional’s deviation from that standard, which is a breach of the duty owed the patient;
- A causal connection between the health care professional’s deviation from the standard of care and the patient’s injury and;
- Actual injury to the patient.
To find a medical professional negligent, it must be shown that his or her conduct fell below a generally accepted standard of medical care. To establish the standard to be applied, a plaintiff must present the testimony of other individuals, often times medical experts, who are qualified in the same area of medicine as the defendant, indicating what standard, or level of care, is commonly met by those recognized in the profession as being competent and qualified to practice. The injured patient will have to present expert testimony not only as to this standard of care, but also show the defendant failed to meet this standard.
Medical Malpractice Cases are Often Complicated and Technical
Medical Malpractice cases often present a variable quagmire of issues and the costs involved in pursuing such a claim can reach into the tens to hundreds of thousands of dollars. The difficulty in pursuing a medical malpractice claim is further complicated by the interplay of state law on lawsuit notice requirements and damages caps.
At Dinelli Law, we have experience fighting on behalf of individuals who have been harmed as a result of the negligence of medical professionals.