Medical Malpractice
Medical Malpractice Laws
Medical Malpractice is a form of negligence in which a healthcare provider fails to provide a patient with the necessary level of care, resulting in harm or death. Immediate legal advice from The Law Offices Of SRIS, P.C. is crucial if you believe you or a loved one has been a victim of medical malpractice.Â
What is the Standard of Care?
The standard of care is the level of care that a reasonably prudent healthcare provider would provide in the same or similar circumstances. Considering the following factors determines the standard of care.
- The patient’s condition
- The risks and benefits of the treatment
- The available medical knowledge
- The practices in the medical community
What are the Elements of Medical Malpractice?
The plaintiff must prove four elements to establish medical malpractice.
- Duty of care: The healthcare provider owes the patient a commitment to provide care. It means the healthcare provider had a legal obligation to act as a reasonably prudent healthcare provider who would work in similar circumstances.
- Breach of duty: The healthcare provider breached their duty of care by failing to provide the appropriate level of care. It can happen in several ways, such as making a mistake in diagnosis or treatment or failing to follow the standard of care for a particular procedure.
- Causation: The breach of the duty of care was the proximate cause of the patient’s injury. It means the damage would not have occurred but for the healthcare provider’s negligence.
It is essential to word that clinical malpractice cases can be complicated and challenging to win. The healthcare provider may have a crew of attorneys to guard them in opposition to the allegations. You must contact a lawyer right once to explore your case if you think you are a victim of medical negligence.
The Duty of Care
The law requires that a healthcare provider provide a patient with reasonable care. It means that the healthcare provider must act as a reasonably prudent healthcare provider would act in similar circumstances.
Breach of the Duty of Care
Breach of the duty of care occurs when the healthcare provider fails to provide the patient with a reasonable standard of care. It can happen in several ways, such as making a mistake in diagnosis or treatment or failing to follow the standard of care for a particular procedure.
Proximate Cause
Proximate cause is the legal concept that means that the healthcare provider’s negligence was the direct cause of the patient’s injury. It means the damage would not have occurred if the healthcare provider had not been negligent.
Damages
Damages are the losses the patient has suffered due to the injury. These can include economic failures, such as medical expenses and lost wages, and non-economic losses, such as pain and suffering.
What Should You Do If You Think You Have Been the Victim of Medical Malpractice?
If you believe you have been the victim of medical malpractice, it is essential to seek legal advice immediately. A lawyer can help you determine if you have a valid case and can represent you in court if necessary.
What Can You Expect During a Medical Malpractice Case?
The first step in a medical malpractice case is an investigation. Our attorneys will review your medical records, interview witnesses, and gather opinions. We will file a lawsuit if you have a valid case. The suit will allege that the healthcare provider’s negligence caused your injury.
The next step is discovery. Both parties exchange medical records, reports, and depositions. They will use these reports to prepare for trial. A jury will decide whether the healthcare provider was negligent and whether their negligence caused your injury. If the jury finds in favor, They will award you damages.Â
The Law Offices of SRIS, P.C. will help you to review your case and help determine if you have a valid claim. We have the experience and resources to fight for your rights and try to get compensation. Contact us today to schedule a consultation.
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