Patients who go to the doctor, hospital, or another medical facility or provider anticipate receiving the best care from competent professionals. They don’t expect them to cut corners or make mistakes. Yet, this is precisely what happens to thousands of patients annually in our medical system. Sadly, medical negligence can lead to severe or even fatal injuries.

Are these patients simply supposed to live with the hand their doctors dealt them?

No. The law is on their side. Medical malpractice laws allow them to seek compensation for the damages they suffer at the hands of negligent medical providers. But how do you win a medical negligence case?

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What Is Negligence? 

To understand medical negligence, you should first understand what negligence means in personal injury law. Put simply, negligence is a framework to determine whether a person’s or party’s carelessness or recklessness harmed the injured party. The purpose is to hold that person/company accountable or liable for the damages the injured party received from their injury.

To prove negligence, the victim and their medical negligence lawyer must establish that:

• Duty: A person or party has a legal duty to protect their safety
• Breach: They have breached that duty
• Causation (proximate cause): That breach of that duty caused the victim’s injury
• Damages: The victim suffered damages as a result of their injury

What is Medical Negligence?

According to one study by Johns Hopkins University, over 250,000 people in the U.S. suffer fatal injuries yearly due to medical errors and negligence. This makes medical malpractice the third-leading cause of death in the United States.

Medical negligence encompasses the same four elements described above but with a few additional requirements.

First, it’s not medical negligence unless the accused is a medical professional or institution such as a hospital, clinic, or urgent care. In most states, the law defines medical professionals and institutions as nurses, doctors, or facilities with whom the patient has established a provider-patient relationship. (Some states may define medical professionals more broadly, to include nursing homes and chiropractors, for example.)

To prove a breach of care, a medical negligence attorney must show how the professional’s actions failed to uphold an accepted medical standard of care.

Did the person or party act similarly to how other trained professionals should have in the conditions surrounding the situation? If they did not, the victim likely has a negligence claim.

Medical negligence occurs if a doctor or other medical provider causes harm to a patient unknowingly, either through simple ignorance or failing to act when they should. Medication is a frequent area in which medical negligence happens.

For example, a physician can prescribe a medication without noticing a potentially harmful drug interaction, resulting in anything from mild discomfort to life-threatening effects in the patient. Errors in the analysis or interpretation of laboratory tests

Other examples of medical negligence include:

• Puncturing an organ during surgery or performing surgery on the wrong limb
• Giving the wrong dose of anesthesia
• Not providing a patient with proper aftercare instructions after a procedure
• Failing to obtain informed consent before a medical or surgical procedure
• Birth injuries
• Nursing home negligence
• Errors in the analysis or interpretation of laboratory tests

In any of these cases, the physician or medical provider may not have any deliberate ill-will toward the patient or a desire to harm them. However, failing to recognize certain factors or take specific actions can lead to life-threatening circumstances for the patient.

People often use the terms medical negligence and medical malpractice interchangeably A malpractice claim requires the defendant to attain status as a professional with a particular duty of care due. Therefore, negligent medical professionals can face a malpractice claim.

How to Win a Medical Negligence Case

In many medical negligence cases, the stakes are high. These cases involve allegations of substandard medical care that resulted in harm or injury to a patient. In all jurisdictions, winning a medical negligence case requires careful planning, strong evidence, and skilled legal representation.

Whether your case settles or proceeds to trial, here is what a medical negligence attorney must do to prove and win your medical negligence case.

Establish a Duty of Care

The first step in winning a medical negligence case is establishing that a duty of care exists between the healthcare provider and the patient. A duty of care implies that the healthcare provider has a legal obligation to provide treatment that meets a certain standard of care. Medical professionals should exercise the same degree of care that a reasonably prudent healthcare provider should have exercised under similar circumstances.

Prove Breach of Duty

It’s also crucial to prove that the healthcare provider breached their duty of care. They must demonstrate that the provider deviated from the accepted standard of care, thereby failing to provide treatment that meets the expected level of competency.

Expert testimony from qualified medical professionals must establish the standard of care and establish how the medical professional breached that standard.

Establish Causation

Causation is another crucial element in medical negligence cases. It involves proving that the healthcare provider’s breach of duty directly caused the patient’s injury or harm. You will need an experienced medical malpractice lawyer to present persuasive evidence and expert testimony linking the provider’s actions or omissions to your injuries.

Demonstrate Damages

To succeed in a medical negligence case, you must demonstrate your damages. This includes physical injuries, emotional distress, loss of income, medical expenses, and other losses resulting from the doctor’s negligence. Gathering comprehensive documentation, such as medical records, bills, and expert opinions, can establish the full extent of the damages.

Use Expert Testimony

Expert testimony plays a vital role in medical negligence cases.

Depending on the jurisdiction of the case, expert witnesses must provide opinions on:

• The standard of care
• The breach of duty
• Causation
• The resulting damages

These experts should have the qualifications and experience in the related medical field to support their opinions and explain complex medical issues to the jury. For example, if the case involves a surgical error, the case should use medical experts specializing in surgery.

The Importance of Skillful Legal Representation

Having a skilled and experienced medical negligence attorney on your side is crucial to winning a case. Your attorney will navigate the complex legal landscape, gather and analyze evidence, consult qualified experts, and develop a persuasive legal strategy. They will also have the negotiation and litigation skills necessary to advocate for the best possible outcome on your behalf.

Medical negligence claims require a technical analysis of your medical provider’s actions and the law. Most people do not have the medical or legal knowledge to determine whether they have a case – let alone prove their claims. After discovering your injuries, seek help from a medical malpractice attorney.

Understanding the Statute of Limitations

Every injury victim must know the statute of limitations for medical negligence cases. Generally, depending on the state where the medical negligence occurred, the injured patient must file a lawsuit within one to four years from the alleged negligent act or omission date. However, the statute of limitations can vary from one case to the next, depending on the circumstances.

For example, suppose a surgeon leaves a sponge or a surgical instrument inside you after an abdominal surgery. You don’t realize it immediately because you don’t have symptoms that lead to its discovery until four weeks post-surgery. In that case, in most states, the statute of limitations won’t begin on the date of your surgery, but rather on the date you discovered it was inside of you or should have reasonably discovered it.

Most states have statutes of limitations and statutes of repose that apply to medical negligence cases. These timelines and possible exceptions can be complex, so you should never assume you know how long you have to file a lawsuit. Such assumptions are too risky, as a mistake can eliminate your legal right to compensation.

Failing to meet this deadline can result in the case being time-barred, making it essential to seek legal advice promptly to protect your rights. If you miss the statute of limitations, you can no longer use the civil justice system to seek compensation for your damages. Essentially, this means you won’t recover as much compensation, if any.

You can bet insurance companies know when the statute of limitations for your case passes or draws nears, and they use this to their advantage to minimize your payment.

Settlement Negotiations and Mediation

While many medical negligence cases proceed to trial, it’s worth noting that settlement negotiations and mediation can offer alternative paths to resolution. Skillful negotiation and mediation can help the involved parties reach a mutually agreeable settlement.

When possible, a settlement can have many benefits over going to trial, for instance

• •  More control: Settling a medical negligence case gives you more control over the outcome. Instead of leaving the decision in   the hands of a judge or jury, you, your attorney, and the opposing party can negotiate and come to an agreement that best meets your needs.
  • Quicker resolution: Although sometimes necessary, trials can be lengthy and time-consuming. Settling a medical negligence case can result in a faster resolution, allowing you to avoid a prolonged legal process.
  • Decreased expenses: Trials can require expensive court fees, expert witness fees, attorney fees, and more. You can save significant money and allocate it toward your recovery or other financial needs by settling.
  • Privacy and confidentiality: Most people may not realize that trials are public proceedings, and the details of your case, including sensitive medical information, may be exposed to the public. By settling, you can maintain your privacy and keep sensitive information confidential.
  • Emotional well-being: Lawsuits are often emotionally draining. Going through a trial can be a stressful and overwhelming experience for everyone involved. Settling a case can help alleviate some of the emotional burdens associated with litigation.

Hire a Malpractice Attorney for the Best Outcome in Your Medical Negligence Case

Winning a medical negligence case requires a comprehensive and strategic approach only a medical malpractice attorney can provide. Establishing the duty of care, proving a breach of duty, demonstrating causation and damages, presenting expert testimony, and having skilled legal representation are all crucial factors.

By understanding these key elements and working with an experienced personal injury attorney, you can seek justice and pursue fair compensation for the harm you suffered. Seek your free consultation and case evaluation today.