Doctors and medical professionals have such important jobs and are such a vital part of communities. Medical school students study and train intensively for years to become physicians and medical professionals. Just as doctors are said to take their Hippocratic Oath and other medical school pledges seriously, the average person takes doctors very seriously, considering them an authority on health, illness, and injury. That is why most people are shocked to hear cases of medical mistakes.
Patients who are harmed and wronged by the negligence of a doctor or other medical professional have the right to seek a medical malpractice lawsuit against the medical professional who made the error, as well as file a suit against the hospital or facility that employs that individual.
If a patient thinks they have a legitimate medical malpractice case, it is wise for them to consult a legal professional, such as a Nashville medical malpractice lawyer, who is experienced in malpractice cases, as it is complicated to prove medical malpractice.
What is medical malpractice?
A medical malpractice case is much more than just a lawsuit rooted in a bad medical experience in which a patient was not satisfied with the treatment they received. For a malpractice claim to be plausible, a patient must be able to prove that the negligent actions of a medical professional have harmed them and/or worsened the status of their health physically and mentally, and burdened them with medical bills and a loss of a job and/or income.
Patients who file a medical malpractice lawsuit can receive damages as long as they can prove that the negligent acts of the medical professionals meet four criteria: breach of duty, causation, duty, and harm.
Primarily, in a medical malpractice case, the patient cannot just pick any doctor or medical professional or hospital to sue. The medical professional in question has to be someone that actually directly treated the patient. The patient is then required to prove that they were harmed strictly because of the negligent actions of the doctor that treated them, and that they would not have been harmed by a competent doctor under the same circumstances. With the help of a malpractice attorney, the patient would have to demonstrate why the injury was more likely caused by a negligent doctor and not an existing health problem.
Types of medical malpractice
Sadly, many things can go wrong when medical professionals are providing diagnosis and treatment to patients. A medical malpractice claim can be born out of medical mistakes such as surgical errors, anesthesia errors, emergency room errors, delayed diagnoses, failed diagnoses, pharmacy and medication errors, and post-surgical infections.
When pursuing a medical malpractice claim, patients should be sure to consult a medical malpractice lawyer who stays up to date on legal decisions and any changes to existing laws. The best medical malpractice lawyers are aware that medical malpractice may differ from place to place, so they inform their clients about the law and negotiate cases according to relevant laws. Experienced lawyers work hard to get their clients rewarded economic and non-economic damages. For example, at Cummings Injury Law, it is understood that patients should be reimbursed for medical expenses and the loss of a job and the ability to work altogether, as well as reimbursed for pain, suffering, and emotional and mental anguish, among other things.
Some medical errors go beyond causing injuries. In some cases, medical errors have been fatal. Better coordination and improved organizational performance in hospitals and facilities can decrease the amount of medical malpractice incidents and fatalities. Until negligent actions are removed from medical practice, though, there are legal professionals that fight cases to get patients and/or their families the repayment for damages that they are entitled to, while allowing them to focus on healing from physical pain and mental and emotional stress.