Determining Negligence in a Medical Malpractice Case
Doctors and hospitals are entrusted with the care of patients. The expectation is to improve health or facilitate a cure. However, instances occur that result in further injury or death. A health care provider, usually a doctor, fails to provide the necessary care or makes a conscious choice to deviate from the standard treatment acceptable to the medical community. As a result, the courts have the obligation of determining negligence in a medical malpractice case.
Defining Malpractice
In order to judge fairly whether a medical professional did not perform the duties or treatments of the profession, it is important to define what constitute malpractice. Patients experience further injury or death, despite the best medical care available to man. Thus, the judge or jury must decide whether the patient simply took a turn for the worst, or the fault lies with the care provided. Malpractice may have occurred, if:
- The health care provider fails to provide the expected standard of treatment as determined by the medical community
- Treatment is delayed for an unreasonable period of time, resulting in further injury or death
- The health care provider fails to properly diagnose the patient
- Unsanitary conditions existed in the healthcare facility
Again, this all may constitute some form of medical negligence; however, in order to prove medical malpractice, certain elements must exist in every case. First, malpractice in some form or fashion must have occurred during the treatment of a patient. Second, the doctors negligence must have been directly related to injuries or damages incurred by a patient. Third, these damages must actually exists and be indisputably the product of the negligent actions taken by healthcare professionals.
A Malpractice Case
Although some people sue for malpractice in order to get ‘even’, the process is generally initiated for more practical and altruist reasons. Further injury generally requires addition treatment-sometimes for the balance of a lifetime. The ensuing medical expenses are astronomical. A successful lawsuit ensures the patient receives the necessary treatment and care. In the event of injury or sudden death, the courts also provide compensation for lost earning potential and anticipated wages for the years remaining before likely retirement, so the family can still pay the bills and stay in the home. Of course, a successful malpractice case against a negligent health care provider often results in revocation of licensure, so no other patient will have to endure a similar fate.
Getting Legal Help
If a health care provider is negligent, resulting in further injury or death, seek the services of a medical malpractice attorney. Discuss the merits of the case, and the potential for a successful outcome. With the help of a legal professional, learn what documentation is required, including expert witnesses to call, in order to provide the court with the necessary information, to determine the award deserved for compensation. Get the monetary amount needed to provide for current and future related medical treatment and take care of the future.
About the author:
Gabriel Assaad has successfully litigated multiple cases on behalf of injured victims in the District of Columbia, Virginia and Maryland. Mr. Assaad graduated from a top 20 law school and is a member of national and local organizations dedicated to protecting the rights of the injured. In addition, Mr. Assaad also volunteers as General Counsel to Mission Life Center which provided services (medical and social services) to people in need and Care in Action, an international organization providing AIDS care in Africa.
