We have all heard the old line about doctors “practicing” medicine. Unfortunately, even the most basic of procedures can have unforeseen complications. Simply put, our doctors can do everything right, and things can still go wrong. But at times, doctors do not follow the established standards of care or best practices, and injuries can occur. This is known as medical malpractice. You, as the victim, have to find proof of medical negligence. If you are in Delray Beach, Zappitell Law Firm, LLC can help you. Read on below to understand medical malpractice and negligence better.
Finding Proof Of Medical Negligence
To prove medical malpractice and negligence, it must be proven that a healthcare professional did not follow a universally accepted medical standard of care. There are a few things that the victim, or plaintiff, must prove to establish that negligence took place.
- A legitimate injury.
- A doctor/patient relationship has to be established to have been in place.
- A connection linking the victim’s injury to the health care provider not following standard care practices.
- What the actual standard of care was and how the health care provider wavered from that care.
Expert testimony from a qualified medical provider with the same scope of practice will have to be given as well. This expert will have to testify as to what the standard of care was and how the defendant deviated from that standard. It falls on the plaintiff to provide this expert.
Informing And Communicating
Emergencies aside, it is required by law for the health care provider to inform the patient of all potential risks, benefits, and alternatives to any medical procedure or treatment. The patient, or patient representative, must give written consent before treatment can continue. This is referred to as informed consent. Failure to obtain consent can not only be a type of medical negligence but may even warrant battery charges.
Proving that a health care provider acted negligently can be a difficult task. In many cases, the provider/defendant is the individual who is responsible for writing out the medical reports from the structure of the lawsuit. Healthcare providers, at times, may even shape reports to protect themselves or colleagues from negligence.
Thankfully the law understands this difficulty and allows plaintiffs to use what is known as “res ipsa loquitur,” a phrase meaning “the thing speaks for itself” in Latin. What it means for the lawsuit is that all the victim has to prove is the injury would not have happened if not for the defendant’s actions. This, in turn, puts the burden of proof onto the defendant to prove they were not negligent in their care of the plaintiff.
Finding proof of medical negligence is a very tricky situation that can have significant consequences for all parties involved. Please do not go it alone; you need expert help and counsel. If you are in Delray Beach or surrounding areas, you have that expert help, Zappitell Law Firm, LLC. We have the experience to walk with you through this difficult situation. Don’t wait, give us a call and let us put our expertise to work for you.