When we visit the doctor, we’re putting our trust in them…counting on them to know what they’re doing and that they’re doing what’s best for us. After all, they’ve been to medical school and are trained to understand how the human body works and what we need when we’re sick or injured. However, doctors are human and as the saying goes: to err is human. So what happens when a doctor or other medical professional makes a mistake and you find yourself more injured in the process? Will a medical malpractice case hold up in court? Will an attorney take on your case?
What is Medical Malpractice?
Medical malpractice is an act of negligence committed by a health care provider, such as a doctor or nurse. Medical malpractice occurs when the care provided falls below the accepted standard in the medical community and causes harm to the patient.
Examples of common medical malpractice include misdiagnosis, incorrect treatment, failure to diagnose a condition, providing inadequate aftercare, surgical errors, prescription errors, and even birth injuries.
When medical malpractice leads to injury or death, it can give rise to a lawsuit against the responsible party. In order for someone to have a valid case of medical malpractice they must prove that the healthcare provider was negligent in some way and that their actions directly caused injury or death. Medical providers are expected to abide by certain standards in their field and failing to do so will likely lead to malpractice claims.
What Are the Elements Needed to Prove a Medical Malpractice Case?
To prove a medical malpractice case, you must establish four key legal elements. These elements are Duty, Breach of Duty, Causation, and Damages.
- Duty: You must show that the medical provider had a duty to provide healthcare services that complied with the standard of care required by law or accepted within their profession.
- Breach of Duty: You must then demonstrate that said provider breached the standard of care owed to you and fell below accepted norms.
- Causation: You must then show that this breach in the standard of care was what caused injury or loss to your health or condition—not a pre-existing condition, lifestyle behavior, etc.
- Damages: Lastly, you must prove damages including physical pain, emotional distress, lost wages, lost future earnings capacity, increase in the cost of care due to an progressive illness and so on–as a result of your injuries
Will an Attorney Take Your Case?
This is one of those tricky situations in which I have to say “it depends.” Unfortunately, medical malpractice suits are often very complex and difficult. In 2014 of all the medical malpractice cases in North Carolina, only 147 of them received settlements. This means many attorneys can be very wary of these kinds of cases, and some won’t take them on at all.
It’s good to know that at Oxner + Permar we do take on medical malpractice cases. If you’ve been the victim of medical malpractice, we invite you to give us a call. That way we can assess whether or not your case will likely hold up in court. We have a lot of experience dealing with these kinds of cases, which means we know what we’re looking for. We won’t take on a case we know doesn’t stand a chance, but we can at least advise you on how to proceed. And in the case that you do have a court-worthy claim, we’re ready to stand up for you.
