There are many types of medical malpractice suits. Most suits involve negligence on the part of health care professionals. They may have failed to diagnose the disease, given the wrong dosage of medication, or may have given the wrong diagnosis. Many times this type of negligence can be hard to prove, making medical malpractice lawsuits difficult to prove. However, in the event of a lawsuit, doctors and health care providers stand accused of negligence, even if they do not know or have reason to believe that something was wrong.
Simply because your doctor made a misdiagnosis about your ailment, it doesn't amount to medical malpractice, according to some legal experts. As a plaintiff (that's you), you have to prove a couple of things before you're even able to file a medical malpractice lawsuit against your doctor. First, that the doctor in question failed to perform his or her duty; and that you suffered as a result of that breach of duty. It is this second point that has helped make medical malpractice lawsuits so difficult to prove.
In order for a medical malpractice lawsuit to be viable, you must show that the physician in question failed to provide you with the services that were necessary for you to survive or prevent further injury. To do that, you must hire an attorney from USClaims. Although the state bar association will handle the task of investigating the case, it is still better to have an attorney on your side representing your interests. Attorneys understand that in most cases, insurance companies will not foot the bill for a personal injury attorney to pursue. Also, most attorneys have access to medical care specialists that would be unavailable to a plaintiff who has to represent themselves.
If you are successful in filing the lawsuit, you must also prove that there was a breach of contract or breach of warranty. Most attorneys understand that physicians want to maintain the ability to practice medicine without fear of being sued, so they will usually settle out of court if at all possible. However, when the case goes to trial, medical experts are called upon to testify about the extent of the damage. Often, these experts will give very different opinions about how much the settlement will be, and often, the jury will be unable to come to a unanimous decision.
The third element to proving a malpractice case is that you must show that the physician in question failed to act in a reasonably responsible manner. Simply determining that the physician knew of the potential harm and did not take any action to prevent it is insufficient. You must show that the harm was made substantially worse because of the actions or inactions of the doctor. Please check out this page for more info.
All of these elements are essential to proving the case. But it is not always easy. A large part of proving a malpractice case is proving that the harm was caused by the physician's negligence or misconduct. Sometimes it can seem that way, especially if the victim is no longer alive. However, if you have suffered an injury due to this negligence, you may be able to pursue a malpractice claim against the doctor.