Finding fault in a medical malpractice case is easier said than done. While this may sound like an impossible feat, it shouldn’t be enough to scare you away. Instead, you should realize that there are steps you can take to improve your position.
Generally speaking, there are two primary components of a medical malpractice case. First off, you need to determine who was at fault. Secondly, you must know how to prove that the party was legally at fault.
Many people are under the impression that medical malpractice liability is limited to physicians; however, nothing could be further from the truth. Any type of medical professional can be held responsible, including but not limited to nurses and pharmacists.
As an injured patient, you must be able to prove:
— The health care provider owed a duty to the patient.
— The health care provider deviated from the standard of care.
— A connection between the person’s injury and the deviation of the standard of care.
— The person has been injured.
Most people realize that they have to put their trust in a medical team at some point. Unfortunately, there are times when a medical professional makes a mistake, thus leading to a person being seriously injured or even killed.
If you have reason to believe you were injured by a medical professional, take notes of everything that happened. You may be in a position to file a medical malpractice claim in the near future. Just make sure that you first get your health back in order.
DISCLAIMER: When necessary, Chester Law Group with client consent teams up with litigation co-counsel with trial experience in medical malpractice claims to help clients achieve the best results possible.
Source: FindLaw, “Medical Malpractice,” accessed June 03, 2016