What are the potential ways to prove fault in a medical malpractice case?

It is not possible for a doctor to cure every illness, every time and all the time. They are human after all. Not even House or St. Luke was perfect! However, we expect a doctor to perform his duties with a certain level professionalism and proficiency. And if he or she fails to conform to the standard of care required, it causes injury to a patient who may claim recompense for damages for medical malpractice.

There is only one way to prove medical malpractice or hospital neglect, and that is by determining if the physician or hospital exercised the proper standard of care and White Plains, NY medical malpractice lawyers such as Kent Hazzard know how to determine this.

Negligence

Medical malpractice in general is all about a doctor being negligent while treating a patient. So to prove medical negligence, the plaintiff or injured patient, has to prove that…

• The duty owed by a doctor to the plaintiff or a doctor/patient relationship
• The appropriate standard of care, the doctor’s divergence from that standard, which resulted in a violation of the duty owed to the plaintiff
• An underlying factor that connects the doctor’s deviation from this standard with the injury of the patient
• Injury to the patient

For the most part, it is the plaintiff’s responsibility to prove that the doctor’s conduct fell below the generally accepted standard of care. This must be achieved through the testimony of a medical expert qualified in the same field of medicine as the defendant. The expert’s job is to show that the standard of care was not met by those in the same field of medicine as the defendant and for a doctor in that same situation. The plaintiff also needs to show that defendant failed in order to meet the standard, according to New York medical malpractice attorneys such as Kent Hazzard who is one of the best in this arena and knows how to win cases.

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Negligent Prescription

A medical professional can be held legally responsible for any negligent prescription of medication, and that he/she disregarded the manufacturer's instructions or prescribed an erroneous medication and dosage that caused the plaintiff’s injury or death.

In some strange or extreme cases the doctor’s handwriting was too atrocious to read. But now with printing technology, hopefully that is all changing. Typed print should nip that issue in the bud. 

Informed Consent

In certain situations, the inability to get the patient's "informed consent" before starting treatment is a type medical negligence, as this might be reason enough to begin legal action for battery. This means that a doctor must inform a patient of every potential risk, benefit, as well as alternatives in any surgical or medical procedure, and should obtain the written consent of the patient to proceed.

In the case of House for instance, he had a bum leg which he should have had cut off and most of his problems would have been solved. He refused to have the leg cut off so he could be fitted with a prosthesis. Him being obtuse was a regular part of the show. He could have worked his medical magic without the limp.

Problems of Evidence

White Plains, NY medical malpractice lawyers such as the fantastic Kent Hazzard who has a long list of satisfied clients reiterate that it is not easy to prove wrongdoing by a doctor or hospital neglect since it involves employing of expert witnesses who have to testify about what the doctor ought to have done according to the appropriate professional standards. Establishing medical malpractice also remains difficult because it is the doctor who drafts medical reports that might become the basis of any lawsuit. Besides, there can be healthcare providers who write their reports in such a way that it protects some person who is guilty of malpractice.

Consult a Medical Malpractice Lawyer

There are only a limited number options open to establish medical malpractice or hospital neglect. Medical malpractice legal professionals can upon evaluation of your case immediately determine if they can prove fault easily. Therefore, makes sure to hire the best legal help as soon as possible. You need to call Kent Hazzard. The first meeting is on him. He has won tens and tens of thousands of dollars for past clients – you too can be on this coveted list.