People tend to place a lot of trust in medical professionals. They assume they will always act in their best interests when they put their lives in their hands. Unfortunately, sometimes that trust can be misplaced. When it is, the worst can happen. If you have been harmed by the actions or lack of action of medical professionals, you may have the ability to seek compensation in a court of law. Here is what you should know before filing such a lawsuit.
Do You Have Evidence You Were Harmed?
To have a case, you must be able to demonstrate to a jury and others that you were indeed harmed by the medical professional you wish to sue. This information will be used to calculate damages. This harm can exist in the way of added pain, disability, financial hardship or loss in quality of life you did not have before the botched medical procedure or other mishap in question occurred. The losses should be obvious to others and not really debatable. For example, if you could no longer work at your job due to a surgery that went wrong, that can certainly be solid evidence. Overall, you should begin gathering evidence, copying records, obtaining witness testimony, etc. as soon as you have realized that something has gone wrong.
Can You Show That a Medical Professional Was Negligent?
One of the most important elements to winning a medical lawsuit is proving the negligence of the defendant. Negligence is a concept that not everyone completely understands. According to the American Bar Association, negligence can be thought of as a person failing to act in a way that a “reasonable person” would have acted in the same situation. However, the standard for medical professionals is actually higher than that. They must have acted in a way that reflects their level of expertise in regards to the standard created by other professionals in the same field. If that standard was disregarded, negligence certainly exists.
Is There a Definite Link Between the Defendant’s Negligence and Your Losses?
Something else that must be proved to win such a lawsuit is causation between the defendant’s negligence and the injuries or losses you incurred. For example, if you have specific evidence that your disability was caused by a botched medical procedure, that would certainly prove this link. However, if you already had that disability before you were even treated, the defendant’s lawyers could certainly use that fact to disprove your claims in court. This is why you should start obtaining evidence immediately. The easier it is to prove that link, the more likely you’ll be successful in obtaining either a settlement or a jury award for damages.
What Kind of Medical Case Do You Have?
There are different kinds of medical lawsuits that can be pursued in court. The most common is a medical malpractice lawsuit. Medical malpractice can happen when a medical procedure goes wrong due to the failures or negligence of a doctor, surgeon, nurse or other person that is supposed to uphold a high standard of medical care. The failure to properly diagnose a disease or illness can also be evidence of malpractice. There are other kinds of cases as well. Healthcare laws are very specific about how patient information is supposed to be recorded, stored and shared. If your records were lost and you were harmed as a result, you may have a lost medical records lawsuit to pursue. The same can be said if your private medical information was shared with parties who should not have received that information.
Do You Have the Right Lawyer?
Having a good attorney is paramount for succeeding in such a lawsuit. The odds of winning by representing yourself are nearly nonexistent due to the legal complexity of medical lawsuits. However, you shouldn’t hire just any attorney. Instead, you should hire one with plenty of experience with medical lawsuits. You should also hire one with a good track record of winning cases and obtaining hefty settlements for clients.
Conclusion
Overall, if you were harmed by the negligence of a medical professional, it is quite possible to launch and win a lawsuit. However, not every case will succeed. You need damages, the ability to prove those damages are linked to a medical profession’s negligence, a good lawyer and more to win your case. Consider the matter carefully and obtain a consultation with a qualified attorney to discuss your chances.
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