Evidence you need for a malpractice suit

On Behalf of | Aug 24, 2019 | Medical Malpractice |

When checking in to a Virginia hospital, it is with the hope that you feel better when you leave than when you arrive. Although outcomes are never guaranteed, healthcare providers must uphold the standards of their profession. When negligence, medical errors, and other events occur to your detriment, you may have grounds for a suit. The team at Updike, Nicely & Crawford often represents clients injured as a result of negligent medical providers.

Dr. Edward Mallory states that medical malpractice is a special kind of personal injury case. There are several elements you must be able to prove before filing a lawsuit.

Doctors must meet specific expectations of expertise, which include treating you with respect and listening to your concerns. If you require care that is outside their scope of experience, he or she should refer you to another specialist or physician who can provide the treatment needed. If they do not, it violates their duty and breaks patient trust. Failure to do so could result in a claim against them.

If a medical professional goes beyond the agreed-upon scope of treatment, such as removing your gall bladder during an appendectomy, the situation may qualify as medical malpractice. However, there are other types of dereliction of duty as well. If dirty tools cause an infection, there is an incorrect diagnosis, you receive the wrong medication or the doctor performs the wrong procedure, it is also grounds for a suit.

There must be evidence proving they did not uphold their duty, such as medical records and proof that the negligence caused a negative outcome. Claims must have a monetary amount attached to your physical condition and psychological well-being. The lawsuit may cite pain and suffering, lost wages, medical bill or wrongful death.

Medical malpractice lawsuits must contain evidence that the healthcare professional did not do his/her duty, was derelict and caused harm. Visit our webpage for more information on this topic.