Common Components In A Winning Medical Malpractice Claim
Posted on: 27 March 2023
Patients place the utmost confidence in their healthcare team. When the team does not operate with the highest level of safety in mind, a patient's confidence suffers, and they also potentially face a number of health issues. As a victim, a patient has the legal right to file a malpractice claim. However, filing a medical malpractice claim and winning the suit are two different things.
Negligence vs. Complications
The human body is very complex, and sometimes, even with great care and attention, things can go array. As a result, particularly with most surgical procedures and treatments, there is always a risk for a complication. What is sometimes hard for patients to understand is that a complication is not exactly the same as negligence. For success, you must be able to prove that the level of care deviated from what is required and resulted in your injuries, not a predicted outcome.
Evidence is another critical piece of success. The law does not operate on the basis of hearsay; there must be proven documentation to outline the events and outcome of your experience. This evidence often comes in the form of medical records. For example, a patient who suffers an infection after a medical procedure would be able to produce records that show they were infection-free before the procedure. An attorney can help you collect these records.
Sadly, the court does not just weigh the actions of the healthcare team when it comes to determining the viability of a malpractice case. The patient's actions going forward are just as important. Patients that can prove that they were compliant with the healthcare orders and still suffered an injury or can prove that they are compliant with the prescribed treatment for their injuries often have a much better chance at a successful case than those who are not compliant.
Sometimes, a patient can have a viable claim, but their demand for compensation might not be realistic. Particularly with a jury trial, if jurors feel the amount being asked for is unrealistic, they could significantly lessen or deny the suit. It is often best to have an attorney work with you to formulate how much compensation is necessary based on your health conditions, pain and suffering, and other factors.
Remember that you play a role in the overall processing of your claim. Ensure you do your part to achieve success.
To learn more, contact a medical malpractice attorney in your area.Share