People go to the doctor for various reasons and sometimes they are admitted to a hospital for any number of reasons. When things don’t go as expected, there is often a lot of finger pointing as to who is at fault. It may be nobody, just nature’s way of working things out or it may be because of someone’s carelessness, negligence, or malpractice. So what constitutes a medical malpractice case?
First, there must be the existence of a doctor-patient relationship. You must be able to prove that the doctor involved actually treated you or was involved in your case. A casual conversation in Starbucks does not constitute a doctor-patient relationship.
There must also be a deviation from the accepted standard of care. If the normally accepted method for treating a broken finger is to wrap it in a banana peel, and your doctor did that properly but your finger did not heal, then your doctor probably did not deviate from the accepted standard of care. Unless there were other circumstances, you may not have a case.
You then have to be able to prove that a deviation from the standard of care directly resulted in your injuries. Not getting better is different than getting worse. All these issues must be carefully examined and analyzed before proceeding with a case.
Damages. You must be able to prove that you sustained damages in order to have a case. Damages can include lost wages, physical pain, mental anguish, medical costs, and so forth. You cannot sue a doctor for malpractice, even if he or she was negligent, if there were no damages associated with the negligent act.
Because “standard of care” is so important, here is a definition: The “medical standard of care” is typically defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice.
Now, it is not your responsibility to understand all this and that is why medical malpractice attorneys are here to help. The law was designed to help people, but in order for the system to work properly there have been many meticulous procedures put in place to avoid chaos and a lack of order.
Malpractice attorneys exist so a victim can approach the courts and work within the system to obtain reasonable compensation for pain, suffering, lost wages, medical bills, and other damages caused by the negligence of others.
The Law Firm of Lazarus and Lazarus has been working with victims of medical malpractice for over 20 years. We understand the types of cases where standards of care are not followed, and we know the statutes that deal with these instances. Our priority is to safeguard the rights of our clients and help them receive the maximum compensation for their damages.
Please call us at 954-356-0006 if you would like to arrange a confidential consultation, and thank you.