A medical malpractice lawsuit can involve any healthcare professional or hospital that fails to meet the standard of care for a specific health-related issue. It is important to hire a New Orleans medical malpractice lawyer for these cases, as they are often complex and require expert testimony to prove negligence. A successful claim can result in compensation for a victim’s lost wages, pain and suffering, and other damages.
Malpractice lawsuits often revolve around a doctor’s failure to properly diagnose, treat, or perform surgery on a patient. This can include a variety of issues, such as the failure to run tests, misinterpreting test results, or neglecting to follow up on a patient’s condition. Other examples of malpractice may involve the use of improper equipment or negligently performing an operation.
The law requires doctors to act with reasonable skill and care when treating patients, but it doesn’t require perfection. Therefore, it is difficult to determine when a physician has committed malpractice, as there are many factors that can play into the outcome of any procedure. However, the best way to determine whether you have a valid medical malpractice case is to have another doctor testify that the physician deviated from standard practices in your particular case.
To successfully bring a medical malpractice lawsuit, the plaintiff must show that the following elements are present:
A doctor-patient relationship existed.
The doctor owed the patient a duty of care, which was to follow accepted medical standards and treatment guidelines. The doctor breached this duty by failing to meet the standard of care, which directly caused injury or illness.
In this case, the doctor could have prevented this injury by ensuring that the patient followed up on her symptoms, obtaining a second opinion, or referring the patient to a specialist.
A court must find that the doctor’s actions or inaction were directly responsible for causing the injury or illness. This is determined by a jury in a trial, and the jury’s decision is final.
Once a claim is filed, the attorney will conduct a thorough investigation of the medical records and any other available evidence. The attorney will also work with a medical review panel to gather expert testimony regarding the case. The medical review panel will offer a report and opine on whether the doctor breached the standard of care and if the patient’s injuries were caused by this breach. The panelists are potential witnesses in the medical malpractice case, and their testimony will be admissible during a trial.
Most medical malpractice claims are settled before they ever reach the trial stage. This allows victims to recover some of their losses without having to face the unpredictability of a trial. However, you should still consult with a New York medical malpractice lawyer to help ensure that your case is based on solid grounds. If you have questions, the attorneys at Sobo & Sobo can help. They represent clients in Middletown, Monticello, NYC, Spring Valley, and throughout Orange County.