May 22, 2022

T-Break

Let'S Talk Law

Explaining Medical Malpractice

Whenever you believe that a medical professional was negligent and their actions led to the injury or death of someone you love, it is time to contact Washington DC personal injury attorneys to see if a medical malpractice case is possible. Unfortunately though, most people are not aware that this is an available option. 

The Basics Of Medical Malpractice

Medical malpractice can be incredibly damaging and traumatic. We go to our doctors with the trust that they will do all that they can in order to protect us and make us better. If their actions are careless or negligent, they will cause serious diseases, conditions, and injuries. In some cases, even death can appear due to medical malpractice. 

You can file a medical malpractice claim against literally any medical professional. This includes hospital staff, doctors, nursing home staff, nurses, pharmacists, and all the other healthcare providers. 

We have to understand the fact that medicine is still not exact, not a science, even if it has its roots in exact sciences like chemistry, biology, and anatomy. When a person is a medical professional, they practice medicine. They do not do medicine. However, there is a specific standard of care required. It was established in hundreds of years and all medical professionals need to deliver that standard of care. When the standard of care is not delivered, we might have to talk about medical malpractice. 

What To Prove

The medical malpractice attorney needs to prove the fact that the medical professional did not respect medical standards of care based on what is considered to be normal in the community. These standards are basically what level of care someone with similar experience and education would offer in the same circumstances. 

In most cases, in order to prove the existence of medical malpractice, medical histories and documents need to be examined. These documents are the first step to prove negligence in offering acceptable care. Unfortunately, there are cases in which problems appear and nobody should be blamed for them. However, the attorney is going to figure out if your claim is valid or not. If so, you can file a medical malpractice lawsuit. 

What Are You Entitled To?

As a victim, you have the right to receive compensation for all unnecessary medical expenses that you incurred, lost wages, lost services, punitive damages, and pain and suffering compensation. In several US states, you have to submit some sort of proof that medical negligence happened when the case starts. This is necessary before the lawsuit can start. 

The proof that is usually submitted is a form that includes opinions from a physician. An expert witness can provide this. 

In states where the proof is not needed, the claim can be started faster but the need to have the testimony of an expert witness to back it up is still very high.

Conclusions

Medical malpractice can be quite traumatic since you end up with problems you should have never had. If such an unwanted situation appeared or you simply suspect it, make sure to look for an experienced medical malpractice attorney to help. You might be entitled to financial compensation.