We entrust the lives of our loved ones to medical professionals who we feel we can trust, never considering that they could take away life rather than give it. Although doctors and nurses are certainly prone to mistakes just like any other human being, their profession places them in a higher standard and when they carelessly dishonor their responsibility with their patients and the families of those patients, they open themselves to legal action in the form of a medical malpractice lawsuit. These suits are incredibly consequential to the lives and professions of the medical professionals who face them, but they are the only way in which these individuals can be held responsible and families can get the peace of mind they deserve as well as the monetary compensation they need to tend to the financial responsibilities that unfortunately come along with the loss of a loved one.
What Do You Need to Know About Medical Malpractice Cases?
The American Board of Professional Liability Attorneys defines medical malpractice as what “occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient.” The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.” The board goes on to say that to be considered medical malpractice under the law, the claim must have the following characteristics: a violation of the standard of care – the law recognizes that there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under similar circumstances; an injury was caused by the negligence – for a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence” and lastly the patient must prove that the injury resulted in significant damages – for a case to be viable, the patient must show that significant damages resulted from an injury received due to the medical negligence.”
While this is a comprehensive and possibly overwhelming list, a personal injury attorney is more than equipped to walk you through these various elements and prepare a case in which these characteristics are clearly reflected. According to The Balance Careers, “medical malpractice lawyers perform many of the day-to-day tasks of a typical civil litigator. Civil litigators work on cases where there’s a legal disagreement, but no criminal charges are involved. [They] spend time interviewing clients, conducting investigations, drafting motions, developing trial strategies and litigating cases.” So, while you may think you can pursue this case on your own, it is highly recommended that you rely on the expertise of a personal injury attorney in Traverse City, Michigan who can expediate the case and properly represent you. For more information on attorneys who can help, contact Neumann Law Group at (231) 221-0050.