Barbara MacFarlane discusses what you need to know about a
medical malpractice lawsuite as part of the Torkin Manes LegalPoint
Sometimes people can be injured because of medical errors. When
mistakes happen you are entitled to hold the healthcare
professional accountable. Every case is different, but a medical
malpractice lawsuit may be an option for you. Let me explain what
is involved in medical malpractice.
To be successful you have to show that a doctor or other health
care provider fell below the standard of care expected during the
medical treatment. You also have to show that the conduct caused an
injury and that you suffered losses. Injuries, of course could
include the loss of a family member.
In law, it is not enough to show that a bad outcome happened.
What you have to prove is that proper care was not provided and
that it caused an injury with resulting losses.
To establish whether a medical professional fell below the
standard of care a full review of the medical records is necessary
to see if there was a medical mistake.
Proving an injury was caused by a medical mistake can be
difficult for various reasons. For example, often the patient has
an underlying medical condition which complicates this question.
Really, what you have to show is that with proper care you would
have recovered from your medical condition which was being
Because of the complex medical issues involved in these cases,
it is important get opinions of medical experts.
If a medical expert agrees that the medical professional's
conduct fell below the standard of care expected and that it caused
an injury, a Court could award damages for any losses arising out
of the injuries.
For example, you could seek reimbursement of any medical
expenses or the cost of care needs that you have. Or it could
be for income that you lost because you have been unable to work
now or in the future. There may also be losses relating to
the injuries suffered by a family member. It could include
income you might have shared with a spouse or a parent.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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