The most important factor in a medical malpractice case is negligence. If you can prove a doctor, nurse or other medical professional acted negligently, you have a much better chance of winning your lawsuit. But what is negligence? First, let’s look at the patient-doctor relationship. When you receive treatment, there is a standard of care medical professionals must adhere to. Essentially, the question is: Would another reasonably prudent doctor have given you the same kind of treatment?
If the answer shows your doctor gave you the wrong treatment, that may be considered negligence. It’s important to remember, however, that a bad outcome of a hospital stay does not automatically mean you’ve been victim of medical malpractice. For instance, if your doctor presents a dangerous, but effective, treatment and thoroughly explains all the risks, and you agree to it, the doctor may not be liable if something goes wrong.
As you can imagine, medical malpractice and negligence are highly complex areas of law. Often, it can come down to what you say happened versus what the doctor wrote in their notes. As such, it can be difficult to truly prove negligence, which is the cornerstone of any successful medical malpractice lawsuit. That’s why it’s vital to retain the services of an attorney who has many years of experience fighting for malpractice victims.