How Do You Prove the Medical Team Made a Mistake?
Bringing a successful medical malpractice claim is a legally complex matter which requires more than simply demonstrating that your medical team made a mistake. Instead, you’ll need to prove that they failed to meet the standard of care set by the industry, which means they engaged in professional negligence, which is a tall order. If you were harmed due to negligence by your medical team, don’t delay contacting the skilled legal counsel of an experienced medical malpractice attorney in Mt. Pleasant.
Proving the Necessary Elements of Your Claim
You’ll need to prove several essential elements to establish that you are the victim of medical malpractice.
You Were Owed a Duty of Care
To begin, you’ll need to prove that you were owed a duty of care in the first place. Generally, however, this is established by the doctor/patient relationship. In other words, if you were under the medical care of your medical team, you were owed a duty of care.
The Medical Team Engaged in Some Form of Negligence
It’s not enough that a medical professional made a mistake – the fact is that there is risk associated with medical treatments and procedures. Instead, the medical professional must have done something or failed to do something that isn’t in keeping with what a reasonably skilled and prudent medical professional at the same level would have done under similar circumstances.
This is where expert witnesses in a relevant medical field are often required. Their role is to identify professional protocols and establish where your provider fell short regarding your case.
You Suffered Legal Damages as a Direct Result
The next piece of the puzzle proves that the medical team’s departure from the standard of care set by the medical profession was the direct cause of the harm you experienced. Expert testimony can also highlight the direct correlation between the medical professional’s negligence and the patient’s losses.
The kinds of loss that the law addresses in medical malpractice cases include each of the following:
- Medical expenses that you face as a result, which can be ongoing and may include costs related to health complications and related future medical needs
- Lost income, which may need to reflect lost earning potential and career setbacks
- Your physical and emotional pain and suffering, which can be immense and can amplify the impact of your other losses
An Experienced Medical Malpractice Attorney in Mt. Pleasant is Standing by to Help
The dedicated medical malpractice lawyers in Mt. Pleasant have the breadth of experience and legal skills necessary to help you recover compensation for your complete losses and will tirelessly advocate on your behalf. To learn more, please don’t hesitate to contact us online or at 843-577-5100 today.