We rely heavily on our health care providers to correctly diagnose illnesses, perform surgery, and provide proper treatments; however, sometimes mistakes are made, and the patient suffers. If you or someone you love has suffered at the hands of a negligent doctor, contact the medical malpractice lawyers at The Buckley Law Group today. We’re devoted to ensuring you receive owed compensation, which may include reimbursement for medical expenses, lost wages, and pain and suffering.
Our lawyers handle cases including:
- Birth injuries
- Medication errors
- Surgical errors
- Hospital negligence
WHAT IS MEDICAL MALPRACTICE?
Medical malpractice occurs when a doctor, nurse, hospital, or other health care professional acts in a negligent manner, causing injury to their patient. To act negligently simply means their conduct fell below the accepted standard of care.
Legally proving medical malpractice can be difficult, which is why hiring an experienced attorney is necessary. Unlike in other personal injury situations such as car accidents where fault can be clearly determined, medicine often requires experts to determine fault. Different doctors can prefer different treatments. Patients can have unknown allergies. Tell-tale symptoms can be absent. A cure for one patient can be detrimental for another. Various factors are constantly at play.
There’s also no guarantee that a treatment will work. So what happens when it doesn’t? Is it the fault of the medical provider? Or did it happen despite following protocols and providing the highest standard of care? It’s these questions that make proving the existence of medical malpractice difficult; however, when you work with the knowledgeable lawyers at The Buckley Law Group, they will be able to evaluate your potential case and plan the next steps to recover due compensation.
ELEMENTS OF A MEDICAL MALPRACTICE CASE
In order to pursue a medical malpractice claim, certain legal elements must be present:
- There was an existing doctor-patient relationship.
- The provision of care was below the accepted standard.
- Measurable harm was done to the patient.
- There exists a causal connection between the care and resulting harm.
Establishing a standard of care is vital in medical malpractice cases. The standard of care is the reasonable and appropriate amount and quality of care a skilled medical professional would provide in the situation that led to the alleged malpractice. It is separately determined in each case using testimony from qualified medical expert witnesses, as acceptable practices, procedures, and treatments vary based on the ailment. The standard of care established by these witnesses will determine if the doctor acted in a negligent manner, breaching the duty owed to the patient.
CONTACT US TODAY FOR A FREE CONSULTATION
Let us help you navigate the complicated legal aftermath of a medical injury. If you or a loved one has suffered as a result of the negligent acts of a medical provider, call or contact The Buckley Law Group today for your free consultation.