Medical malpractice is a serious crime as it endangers a patient’s life and even causes death. If allegation of medical malpractice is proved, the at-fault practitioner is held liable for whatever has caused to the patient. He/she may serve imprisonment and have to pay compensation for damages and loss incurred by the other party. However, before bringing a charge against a medical practitioner, one needs to understand what medical malpractice is and how it differs from simple medical error.
Understanding Medical Malpractices
Not every single mistake qualifies as medical malpractice. The plaintiff or his legal representative must establish presence of some important elements by dint of testimony and evidences to lodge a medical malpractice lawsuit against the suspect. Let us now have an overview of those must-have elements in a medical malpractice case.
- A doctor-patient relationship
- Any direct link between medical negligence and the patient’s suffering
- Breach of standard medical care (which includes diagnosis, treatment decision, course of treatment, medications) amounting to medical negligence
- Measurable damages to the patient
In order to establish that medical malpractice happened and caused quantifiable harm to the patient in question, the lawyer has to define and describe those terms while producing documents and evidences in support of his claim and arguments.
A successful medical malpractice case always depends on two pillars – Standard Medical Care and Medical Negligence.
Standard Medical Care
The accepted standard of medical care often becomes the bone of contention between the two parties. It is not easy to define the standard of medical care and takes a long time to prove the following points:
- Outlining the proper standard of care applicable to the patient’s case
- Establishing the fact how the medical professional failed to maintain the standard
The plaintiff’s lawyer must also prove it beyond doubt that the defendant professional fell short of providing standard amount of care. It is his responsibility to present all the evidences to prove his point by detailing about the plaintiff’s condition, diagnosis, treatment and how the doctor failed to provide the standard care and treatment at every stage.
One should remember that any kind of mistake is not considered medical malpractice. It must be proved with solid evidences that the mistake actually led to quantifiable damage to the patient. The lawyer must prove that were it not for the error, the patient would not have undergone the terrible health condition.
What to Ask a Virginia Beach Medical Malpractice Lawyer?
If you are considering help of an expert medical malpractice lawyer for compensation claims, it makes sense. Most reputed lawyers provide free consultation service and work on ‘no win, no fee’ basis.
- If it is possible to file a medical malpractice lawsuit in your home state if you have fallen prey to medical malpractice in another state
- If there is any upper limit for compensation claim
- If there is any time deadline to file the lawsuit
Any eminent lawyer explains everything to his client. The lawyer may suggest for a negotiation if the chance of winning the case is slim and involves long-term works.