Description: Medical malpractice cases almost always hinge on negligence. Here we discuss the varying degrees of fault as it relates to medical mistakes.
Medical Malpractice Accidents
Doctors and other medical professionals are expected to act within a standard duty ofcare, but what happens when they don't and you as the patient are injured as a result? This is what happens in a medical malpractice case. In many of these cases, negligence played a huge role and a professional can be held liable for damages.
Negligence in a Medical Malpractice Claim
Was a medical professional negligent in treating you? Here are some things that you mustprove to have a case:
● There was a duty owed by the health care professional.
● The professional had to follow a standard of care but failed to do so, which is abreach in their duty.
● There is a connection between their deviation of the standard of care and yourinjury.
● You have received an injury.
In some cases, a medical professional can even be held liable for damages when aprescription or medical device failed and caused you injury. Perhaps he or she ignored the manufacturer's instructions or prescribed you the wrong dosage. If they failed to warn you of many dangers and you were injured, the liability falls on them.
Who Can be Held Liable?
In a medical malpractice case, you will often hold the hospital liable, or a professionalworking for the hospital. They can either be held directly liable or "vicariously" liable forneglect by their worker. Any worker could be held liable if they directly caused your injury, such as a physician, nurse, or nurse practitioner. A hospital could be found under"corporate negligence" for hiring somebody who did not have proper education, training,or licensing.
You may also be able to bring a claim against a pharmaceutical company when a manufacturer produced and sold a defective product or failed to warn physicians of a drug's potential side effects. If a company made the physician alert of risks and the physician failed to tell the patient, then the physician would be held liable.
If you believe you have a medical malpractice case, call us today for information on how we can help you determine liable parties, prove your case, and more. There are many parties who could be held liable for your medical injuries, which makes your case very complex. Speak to us today about your options.