When a medical diagnosis, treatment, or procedure results in injury, a medical malpractice lawsuit can help victims recover compensation for damages such as medical bills and physical and emotional pain and suffering. However, not all medical mistakes are considered malpractice. Actionable medical malpractice cases must include an element of negligence, either in the form of an irresponsible act or an act of omission, that negatively affects the health of a patient.
True medical malpractice cases share the following three characteristics:
- The medical professional in question violated the standard of care. Certain medical standards are accepted as the appropriate course of action for certain conditions. When a medical professional fails to deliver this standard of care and provides treatment that a similarly trained doctor or nurse would provide in a similar situation, the patient may be a victim of medical negligence.
- The medical professional's negligence resulted in injury. Even if the medical professional violates the standard of care in a way that is considered negligent, that’s not enough to prove that medical malpractice occurred. The patient must also show that the negligence directly led to an injury. A less-than-favorable health outcome isn't sufficient; to prove medical malpractice, the patient must show that the injury would not have occurred if not for the negligent act in question.
- The resulting injury caused significant harm to the patient. Medical malpractice cases are often complex, lengthy, and expensive to litigate, requiring extensive medical records, depositions, and expert witness testimonies. For a medical malpractice case to be worth the time and effort it takes to litigate, the injuries and the potential financial recovery must be significant.
We Can Help
If you have questions about a potential medical malpractice case, the legal team with Holton Law Firm can help. Their attorneys can go over your case, identify its strengthens and weakness, and provide advice on how to proceed. Contact Holton Law today to schedule a free, no-obligation initial case evaluation.