Proving Liability for a Medical MistakeSometimes the ones we put all our trust in are the ones who let us down most. Being a doctor is not an easy profession because of the intense pressures which occur on a daily basis. However, because they chose to help you, because they are paid to help you, and because you put your trust in them, they should be competent. Doctors who make clear mistakes that a competent doctor would not make can be held responsible in medical malpractice cases. More than the doctor can be held responsible too.
What mistakes are made?
There are a variety of problems associated with medical malpractice. The legal point to prove is that a competent doctor, nurse, or hospital staff would not have made the same mistake. If it's clear someone capable could have performed the operation correctly, could have been clear on what to do,then you often have a legal right to a settlement.
What mistakes are made? Here are some very common ones.
-A wrong diagnosis for any kind of injury or ailment, leading to the costly mistake after.
-Mistakes in treatment, leading to injury.
-Being given the wrong prescriptions.
-Not giving treatment at the right point, where you might have avoided a problem had you been given treatment at the correct time.
How do you prove the mistake?
There are many ways to prove medical malpractice. We went over one: a competent person would not have made the same mistake. On the other hand, you can also prove that the treatment given is against the general ideas on how to handle the injury. If a doctor goes against generally accepted treatment guidelines, they can be at fault (or if someone else who makes decisions made this mistake).
Who can be held responsible?
Now we know that you can file a medical malpractice, and how to do it, so let's go over who might be held responsible. Sometimes it's relatively easy who's at fault, other times it's obvious more than one person is at fault, but you might have trouble finding someone who you can prove is at fault. These legal processes can be very complex. Your personal injury lawyer is invaluable in these situations.
You can prove a variety of entities are responsible. This includes the physician, the hospital, the nurse, and the pharmaceutical company.
However, you should not go into this alone. Medical malpractice is one of the most complicated personal injury lawsuits. You need a lawyer experienced not in accident law, but in medical law. That means hiring someone who has relevant experience in handling medical malpractice cases. You rarely have to pay them if you have a strong claim; you can pay them with the settlement. And the good news is most of these lawsuits are settled out of court, long before the trial.