When you visit a doctor’s office or hospital, you place your trust in the hands of the medical professionals who provide your treatment. Although most health care professionals are highly skilled and provide great care, some cause injuries to their patients through medical errors or negligence. If you or a loved one were injured by the medical negligence of a doctor or other health care professional, you may have grounds to file a medical malpractice claim. Working with an experienced malpractice attorney at the Law Offices of Bryan Musgrave might help you hold the negligent medical professional accountable while also recovering damages for your losses.
Common Types of Medical Malpractice
Johns Hopkins University conducted a study in 2016 about medical malpractice and found that it is the third-leading cause of accidental death in the United States. More than 250,000 deaths can be attributed to malpractice each year. Many other patients suffer complications and injuries because of medical errors.
Common types of medical malpractice include the following:
- Misdiagnosis
- Failure to diagnose
- Delayed diagnosis
- Medication mistakes
- Birth injuries
- Wrong-site surgery
- Wrong-patient surgery
- Pharmacy errors
Proving Medical Negligence
Even if you are unhappy with the results of your treatment, that is not enough to prove a medical negligence claim. Malpractice claims carry strict legal burdens and require you to prove that the doctor or medical professional’s treatment fell below the expected standard of care for a similarly situated professional in the same practice area. To prevail on your claim, you will need to prove the following elements:
- You had a doctor-patient relationship with the doctor you are suing.
- The doctor’s treatment fell below the accepted standard of care.
- The deviation from the standard of care breached the legal duty you were owed.
- The breach directly and proximately caused your injuries.
- You suffered damages because of your injuries.
Understanding Causation
It is not enough to prove that a doctor made a medical mistake. It is also not enough to prove that you suffered an injury. Instead, you must show that your doctor’s negligence directly or proximately caused your injuries. Defendants frequently try to attack causation claims by arguing that the injuries already existed or were unrelated to the doctor’s errors. A skilled malpractice attorney can anticipate these types of arguments and present evidence to disprove them.
The Standard of Care
Medical professionals must provide treatment that meets or exceeds the accepted standard of care of other medical professionals in their practice areas. Proving that your doctor’s treatment fell below the standard of care will likely require the help of medical experts. At the Law Offices of Bryan Musgrave, we work with specialists to help to determine the appropriate standard of care within different practice areas. By consulting with medical experts, our lawyers can present evidence regarding what the standard of care is and how a medical professional’s care failed to meet it.
Talk to the Malpractice Lawyers at the Law Offices of Bryan Musgrave
If you believe that your injuries were caused by medical errors, you should consult with an experienced malpractice attorney at the Law Offices of Bryan Musgrave. We can analyze your medical and treatment records and provide guidance about the legal merits of your claim. Contact us today to learn more.