Medical malpractices do not just amount to mistakes made by the medical professional while you were under their treatment. It is more than that. For instance, if there has been an error while treating you but you do not suffer from injuries, then it cannot be a medical malpractice case. As a plaintiff, there are various grounds which you need to prove for filing a medical malpractice claim. It can be eye surgery malpractices or orthopedic malpractices. No matter whatever the malpractice might be, the plaintiff has to prove certain essential things. To decide if there has been an instance of malpractice, your attorney will seek a forensic opinion from an orthopedic expert witness. If you’re unsure whether you have sufficient cause to make a claim or not, go through the following points.
Did the doctor fail to owe you the duty of care?
The doctor owes a duty of care to the patient and this is one the ways how a doctor-patient relationship works. There is a breach of the duty of care when the doctor acts carelessly and diagnosing or treating a patient. It is because of this breach of duty of care that has caused injuries or damages to the patient. For instance, misdiagnosing, failing to evaluate your previous medical history before deciding your future course of action, or prescribing surgery even when it could have treated with non-surgical procedures are some of the instances where a doctor will be considered negligent and careless while handling a patient. These are complex issues and can be determined only with the help of an expert witness.
Was there an injury caused due to the breach of the duty of care?
If the patient is suffering from complications like infection, blood clot, pain, swelling, or perforated organs due to the negligence of the surgeon, there will be a case of medical negligence. In this context, the plaintiff has to prove that how the breach of duty has led to the injuries, which in some cases might be difficult to prove and in some it can be an obvious cause.
Do you have enough evidence to prove your claims?
In medical malpractices, you will not have any proof. Your injuries and complications are the only proof that you can show. But these are not sufficient. There’s a need for medical evidence to show the gravity of your case. This is where a credential expert witness will be required to provide unbiased case reviews on the injuries caused and the extent of medical errors. Medical malpractice claims are technical and therefore, it is only your medical malpractice lawyer who can help.
Few other things are important and you need to keep that in mind before making a claim. Make sure that you have raised the complaint against the right individual or the entity. Any false or wrong accusations can give way to backfires from the defendant which could also imply penalizing the plaintiff for stating false allegations.