Even the best doctors can make mistakes in the diagnosis or treatment. It can lead to long term complications for the patient. At the same time, all types of errors caused by the doctors are not considered instances of medical malpractice. You should know when you can make a valid claim for medical negligence. A simple mistake does not make a healthcare facility or professional an accused in this type of case. There are various elements that must be established with clear evidence, documents and testimony to bring a lawsuit against the medical professional or institution. A lawyer specializing in this field can provide valuable support service.
The lawyer first tries to establish existence of a relationship between the doctor and the patient. Medical associations, government departments and consumer groups have established certain standards for medical professionals and institutions. When a doctor or hospital fails to comply with these standards, there is a breach in the care and it can be termed negligence. It is important to establish a connection between the harm caused to the patient and negligence on part of the health care provider. The harm has to be defined in quantifiable term so the patient can claim damages.
It is quite complex for an attorney to establish facts in these matters. The professional has to walk the jury through the condition of the plaintiff. It has to be established what type of treatment and diagnosis was offered. There should be clear information regarding what the doctor did at each stage of the treatment. Comparisons are made between the care received by the patient and the medical standard that should have been followed. It must be proved that the doctor failed in meeting these standards.
Establishing malpractice in the medical treatment is a complex concept. There are medical procedures, conditions and treatments that need to be explained clearly. Each claim must be supported with the right evidence and medical facts. The plaintiff needs to bring medical experts with expertise in the same field as the defendant doctor. The expert provides the required evidence and testimony. A lawyer having experience in this field can help determine if a negligence case can be made against the doctor.