On the premise of fairness, it is absolutely vital that we do not base guilt or innocence in a medical malpractice case on the outcome of the procedure or treatment alone. Even the most skilled nurses and surgeons can lose a patient under their care despite all efforts. That is unfortunate of course, but healthcare professionals are not to blame for the loss in the vast majority of cases. So how can medical malpractice be measured? What is the difference between a mistake and neglect? And how does the standard of care factor into all of this?
Basics of Medical Malpractice
A medical malpractice case is generally founded in negligence. Specifically, a negligent act or negligent behavior displayed by a healthcare professional. This could be a nurse, a doctor, a chiropractor, a dentist, or even a hospital. Any practicing healthcare professional can commit medical malpractice and be held accountable for it. A personal injury lawyer in Sherwood Park can help you evaluate the case and give an unbiased opinion about the validity of the potential claim.
A lack of testing in regards to your diagnosis, a failure to explain to you the risks associated with a treatment, denied treatment based on discrimination, or wrong site surgery – all of these and more can qualify as medical malpractice. However, in order to figure out whether you have a case on your hands or not, it is best to consult with a lawyer experienced in this field of the law.
Understanding the Standard of Care
In order to prove a healthcare professional guilty of negligence, and thus medical malpractice, you will need to measure their behavior and actions on the standard of care. The standard of care is created by looking at another healthcare professional with equal status and experience, and determining whether they would have acted differently under the same circumstances. If the answer to this is yes, then the healthcare professional who caused you harm is likely to be guilty of medical malpractice.
What It Takes To Prove Someone Guilty of Medical Malpractice
It takes a lot of experience to prove someone guilty of medical malpractice in the courtroom. This is why it is important to hire a skilled and experienced lawyer with a track record of successfully settled medical malpractice cases. Your lawyers will need to have access to expert witnesses and will need to know what to look for in your medical records. Without proof of a connection between the medical error and your sustained injuries, you will not have a case on your hands. Thus, all the medical reports and records have to scrutinized before putting the liability on the doctor or health care practitioner.