When you have been injured because of medical treatment you received, you may have a viable personal injury lawsuit on your hands. There are a number of things that you will need to prove in a medical negligence case, and it's important to understand the standard of care when considering whether your case should move forward or not. If you believe that you have been hurt because of the wrongful treatment of a medical provider, it's important to have your case assessed by an attorney who understands medical negligence.
What You Need to Prove In a Medical Malpractice Case
To pursue a personal injury lawsuit, you first must be able to prove that the physician or treatment provider that caused your injuries was responsible for your medical care. This means that the treatment provider had a duty to you to provide care, regardless of where you were receiving treatment. Second, you must be able to prove that the treatment provider was in violation of the standard of care when treating you. Third, you must have sustained an injury that is permanent, severe, or otherwise compensable in a court of law. Lastly, you must be able to prove that your injury was a direct result of your treatment provider deviating from the standard of care.
Understanding the Standard of Care
It isn't easy to understand the standard of care because no two patients are the same. In general, your doctor must have provided you with treatment for the symptoms you presented that is outside of the normal treatment used by other providers for the same set of symptoms. This can become difficult to determine, because there can be a number of reasonable treatments for the same problem. An obvious case would be one in which a treatment provider prescribed the wrong medication, which caused you harm. To prove that that standard of care was not met, other treatment providers would have to testify that they would have provided you with alternative treatment given the same set of circumstances.
Claiming that a treatment provider did not meet the standard of care is similar to claiming they committed medical malpractice. While it is difficult to prove medical negligence or malpractice, plenty of plaintiffs have one cases against treatment providers for medical negligence. If you believe that you have been injured because your doctor did not meet the standard of care in your case, it's time to meet with a personal injury attorney who can help you.Share