As personal injury lawyers — and community members in Marietta, GA — we’d like to believe that doctors, nurses, and other medical professionals will always provide the right treatment. Unfortunately, sometimes that’s just not the case. Errors by medical staff can lead to traumatic injuries and even death.
If you or a loved one has been hurt by a medical mistake, you’re probably wondering: “Should I sue for malpractice?”
Contrary to what you might hear on TV, it can be more complicated than most people think — and proper legal counsel from a personal injury lawyer can help you or a loved one navigate the confusing terminology and procedures.
What Is Medical Malpractice?
Not all mistakes made by health care professionals qualify as medical malpractice. Here’s what must be proven in order to win a medical malpractice claim:
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The care fell below the medical standard of care.
The accepted medical standard of care is usually defined as the type of care that a reasonable, similarly qualified medical practitioner would have provided under the same circumstances.
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The patient was harmed as a result of that substandard care.
The substandard care must have caused harm to the patient that would not have happened absent the negligent medical treatment.
How Do You Prove Substandard Care? Secure a Personal Injury Lawyer
A medical malpractice plaintiff — the person who was harmed, or a surviving family member suing on their behalf — will typically need an expert witness to testify for them. The expert witness, usually a doctor, must have similar experience and training to the medical professional(s) being sued. That expert witness will testify to:
- Establish the appropriate standard of care in this particular case.
- Describe how the patient’s treatment failed to meet that standard of care.
- Explain how the plaintiff was harmed by the substandard treatment received.
If the defendant being sued was a specialist in their field, they will be held to a higher standard of care than a general practitioner. A specialist is required to use the same degree of skill that a similarly qualified specialist in the field would have provided under the circumstances.
A Bad Outcome Isn’t Automatically a Case
Just because you had a bad outcome from a medical procedure does not necessarily mean you have a strong malpractice case. The facts of each case are different — and just as no two patients are alike, no two cases are, either. An experienced personal injury lawyer at our Marietta, GA offices will discuss the merits of your specific case with you and the best way to proceed.
If you believe you were harmed by the actions of a health care professional who may have failed to exercise the appropriate standard of care, the personal injury lawyers at our office in Marietta, GA will be happy to speak with you.
Think a Medical Mistake Harmed You? Let’s Talk.
Medical malpractice cases are complex and time-sensitive. Get a free review of your case before deciding anything — there’s no fee unless we win.
Call 404-LAW-TEAM or contact us online today for a free, confidential consultation.
