Medical errors have been recently recognized as the third most common cause of death in the United States, according to the National Institutes of Health (NIH). It has taken about 251,000 lives a year.
It is natural for patients to trust their doctors and healthcare attendants to provide the proper care and treatment for their case. Unfortunately, health professionals sometimes make mistakes that could alter the life of their charge. And though it will not completely alleviate your pain, perhaps the only thing you can do is to seek a medical malpractice claim as compensation for your grievances.
Medical malpractice attorney Travis R. Easton says that success with a medical malpractice suit first requires proving that the defendant in your case failed to meet the standard of care you required in the situation.
However, it is not simple, and that’s where a medical malpractice attorney plays a crucial role. Let’s find out how a medical malpractice attorney proves negligence in such a case.
Understanding the Standard of Care in Medical Practice
When you seek medical care, you expect providers to meet a certain standard of care that is considered to be in line with accepted practices in the medical community. Such a standard is used to compare the actions of any healthcare professional. For instance, it is based on what a reasonably competent provider would do in similar circumstances.
If your doctor makes medical errors and deviates from this standard of care, it could be regarded as negligence. The considerations for the standards include the particular medical field, advancements in technology, and territorial practices.
Understanding this concept is important because it will help you realize when your care was less than adequate. Being aware of the standard of care empowers you to defend your health and claim justice should you suffer harm by reason of negligent acts.
Gathering and Analyzing Medical Evidence
Medical malpractice litigation needs the assembling and good analysis of pertinent medical evidence.
All medical records should be obtained, including notes, test results, and discharge summaries-cautioning to treatment. These documents will help to set the timeline and context of care.
After this, look for any inconsistencies or departures from the standard of care amounting to negligence. Check any imaging studies or laboratory results that support your case. Do not forget to keep records of any interviews with health care providers that could help explain the decision-making process.
Meticulous analysis becomes the backbone for creating a powerful story that proves negligence and payers caused damage.
Each piece is important so you must be aware of it.
Consulting Expert Witnesses for Support
Gathering and analyzing medical evidence is the basis for your case. But expert witnesses can take it to another level of strength. These professionals provide specialized knowledge to help explain complicated medical issues in support of your appellant’s position. Such experts can explain how a standard of care was breached and why the breach matters.
Working with experts, you will be able to draw out a narrative concerning the case that will appeal to the judge and jury.
Choosing the right expert is one of the most important criteria. Find someone with pertinent experience and well-regarded standing in his field. The testimony of such an expert will lend credibility to your case, requiring less effort to convince the court of your side.
An expert witness converts medical jargon into something understandable for the average person and, in doing so, strengthens the case.
Demonstrating Causation Between Negligence and Injury
Establishing a direct link between the alleged negligence and the injury is always critical in matters of medical malpractice. It must be shown that the injury of the patient was set up directly by what a health care provider did or failed to do. This usually entails the assembly of medical records, expert testimony, and other evidence to establish a breach of standard of care.
You must connect inferences between the tortious act and the injury incurred, showing that the injury would not have come to be but for the tortious act.
Having an exact sequence of events that shows how the provider’s action or inaction caused injury is extremely important. If well established, this type of causation makes the case stronger and more difficult for the defense to convincingly deny the negligent act as the binding cause of the injury you suffered.
Presenting the Case in Court: Strategies and Techniques
When showing evidence of negligence causing injury, you will effectively present such cases in courts.
Be very clear and systematic in presenting the evidence so that the jurors may understand complex medical matters. Use charts or timelines to serve as graphic aids, ensuring these first statements are low on words and highlight key points to keep the attention of those listening from start to finish.
Make sure you ask open-ended questions in your witness examinations that call for detailed answers to give effect to the negligence in the mind of the jury. Be ready to counter arguments of the defense with facts and expert opinions.
Finish with a strong case that makes your story stronger. What the jurors want to know and how they feel about things will affect their choice.