A recent study found that about 250,000 deaths in America each year could be the result of medical error. It would seem that doctors are capable of making serious mistakes, even if those mistakes are infrequent.
Death, of course, is not the only outcome of a medical error. Worsening or new conditions can also develop as the result of a medical error. The question is, when do these errors count as medical negligence?
If you believe that you may be the victim of medical negligence, you’ve come to the right place.
Read on to learn more about determining whether or not what you’ve experienced is medical negligence.
Did the Medical Professional Owe You Duty of Care?
First, you will need to demonstrate that the medical professional(s) in question owed you the standard duty of care. In other words, they owed you medical care that aligned with their best abilities and resources. Most of the time, showing that you had an appointment with the medical professional is enough to demonstrate that you were owed duty of care.
Did the Medical Professional Breach That Duty of Care?
This is where things start to get complicated. You must then demonstrate that the medical professional(s) breached that duty of care by providing medical care or attention that was below their abilities or resource. This requires proving that another medical professional of similar competency would have done something differently (and more appropriate) in attending to your medical needs.
For example, did your doctor exhibit a failure to warn you of known risks they knew you had? Was there a diagnosis delay that could have been prevented?
Did You Sustain an Injury or Other Medical Problem as a Result?
Next, you must be able to prove that you have new or worsening injuries or medical problems. You will want to provide all relevant medical records, including the ones you’ve received from the medical professional in question. You will also want to see another medical professional who can assess your current state of health.
Can You Prove That You Are a Victim of Medical Negligence?
Finally, it is not enough to prove that there was a breach of the standard of care or a new or worsening medical issue. You will need to prove that these two things are related–that the medical issue exists because of medical negligence.
In order to create a winning case, you will need to work with a personal injury lawyer. Medical negligence is notoriously one of the most difficult forms of personal injury to prove in court. A lawyer can improve your odds of winning your case and help you navigate the entire process from start to finish.
Medical Negligence Is Tricky
We hope that our guide has given you some insight into whether or not you were the victim of medical negligence. If you believe that the answer is yes, the next step is to hire a lawyer to navigate this tricky process.
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