The Cook & Tolley Blog

What makes a case medical malpractice?

Mistakes happen in every field, and medical professions are no exception. Sometimes, doctors, nurses and diagnostic personnel get it wrong. Some medical mistakes are more serious and detrimental than others.

But not every medical error makes a great medical malpractice case. What makes an error qualify as medical malpractice? The answer to this lies in the circumstances surrounding the error and whether it can be proven in a court of law. In medical malpractice cases, “the devil is in the details.” If you have been injured by medical error, you will want an experienced medical malpractice specialist to evaluate your situation and study those details.

The foundation of a medical malpractice claim

When it comes to the administration of medical treatment, malpractice can take many forms. Examples include a doctor ignoring a patient’s symptoms, resulting in misdiagnosis, or a nurse administering the wrong medication. In these scenarios, the professionals acted negligently and went against the standard of care.

Proving negligence in medical malpractice

It may prove difficult to convince a judge or jury that a medical professional acted negligently. Medical records alone will probably not do the trick.

When trying to prove negligence, the plaintiff will need to engage the services of an expert witness. This professional is generally from the same background as the defendant. He or she reviews all the records and other available information and forms an independent opinion. The expert’s opinion can help prove medical negligence to a jury or judge.

Damages in medical malpractice

If the jury or judge believes the defendant was negligent, it may award money damages to the plaintiff. Such damages may include repayment of medical bills and lost wages, money for future medical care and compensation for physical and emotional pain and suffering.

Medical malpractice cases can take time to investigate and sort out. Having someone knowledgeable with the process may help you figure out if what you experienced qualifies as a medical malpractice case.

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