As time goes on, people are becoming more aware of their rights as patients which has resulted in an increase in medical malpractice cases. When a doctor’s negligence leads to post surgery complications or injury, you as the patient may be eligible to file a lawsuit against them. However, it can be quite complicated to know whether an incident truly does qualify as medical malpractice, or is simply unfortunate circumstance or human error.
Is Your Case A Case of Medical Malpractice?
Just because your physician has made a mistake does not automatically mean that you have a medical malpractice case in your hands. Errors do occur, whether it be during the stage of diagnosis, or surgery, or at any other point throughout your stay at a hospital or other medical facility. What this means is that there is more to a medical malpractice case than just a mistake that was made.
For one, you must have been under the physician’s care, and this care needs to fall under the category of medical standard practices. You will also need to prove that your physician’s negligence has resulted in injuries to your person, and that these injuries can be converted into a monetary value.
How To Build A Medical Malpractice Case
As previously mentioned, you will first need to prove that you were in a position as a patient in which you should have been granted the standard of care by your physician. In medical terms, the standard of care refers to the skill level and the level of attention that a physician in the same field, and with the same of level of experience would have provided to the patient now filing the lawsuit.
Once this has been established, you will need to prove that your physician neglected to meet this standard. After all, complications arising in the medical field is often not the result of negligence, but simply a general risk patients and health care professionals have to take when it comes to certain procedures and treatments. Thus, in order to build a successful case, you will first need an expert witness, who is oftentimes another medical professional, and an Injury Lawyer in Sudbury.
Together, you can then connect the mistake made by your physician to the injury you sustained, thus proving it to be the direct cause. This also means that, if you weren’t injured, you cannot file a lawsuit, even if a mistake was made. However, it is best to talk with your lawyer and get more clarity on your case. They will be able to evaluate the merits of the claim and ensure that you get the justice you deserve.