If you have experienced harm as a result of medical care, a medical malpractice suit may be in order. As expert malpractice lawyers throughout the United States acknowledge, there are several characteristics a medical malpractice claim must possess in order to be successful.
Failure to provide a proper standard of care
The medical profession recognizes a set of standards for healthcare professionals to adhere to when providing care. Patients have the right to expect these standards when receiving care, and compensation when they are violated.
An injury was the consequence of negligence
There must be resultant harm or injury in order for a claim to be made against a negligent doctor or hospital. A patient’s dissatisfaction with treatment alone is not considered malpractice.
The patient’s injury must have very damaging consequences
Lawyers who handle them recognize that malpractice suits must show considerable damage to the patients as a result of negligence in order for them to succeed. Considerable damage includes pain and suffering, enduring hardship, having to live in constant pain, considerable loss of income, or an injury that disabled the patient.
Informed consent
Patients give informed consent to doctors after being told the risk of harm or injury attributed to a given procedure. Even if a procedure is carried out flawlessly, a healthcare provider can be held liable if the patient does not grant informed consent.
Once medical malpractice is validated, the patient can file suit against the doctor or hospital at fault, seeking compensation for the harm or damages endured. This can include economic damages, like lost earning capacity, life care expenses, and medical expenses, or non-economic damages such as psychological and physical harm, such as losing one’s vision or legs, extreme pain, and emotional distress. In cases where malicious or willful misconduct is involved, the patient can also receive punitive damages, as punishment to the healthcare professionals involved.
Source: Medical News Today
