Nurses, doctors and other medical professionals have a duty to provide patients with competent care. If a medical worker causes an injury to a patient or causes an existing condition to worsen due to substandard or negligent care, then the victim will have grounds for a medical malpractice claim. If the patient dies, then a surviving family member can make this claim on behalf of the deceased.
For a medical malpractice claim to be successful, the plaintiff will have to prove that the defendant breached the acceptable standard of care. For example, if a nurse did not deliver the correct dosage of a medication, then he or she may be liable for any death, worsening medical condition, or injuries that result.
However, just because a patient died or a treatment was ineffective does not necessarily constitute medical malpractice. For example, if a doctor failed to diagnose a rare disease that closely mimics another illness, and a reasonable doctor with the same specialization could have made the same error, then the patient would not have grounds for a medical malpractice claim.
Filing a successful medical malpractice lawsuit is a complicated process. As the plaintiff, you will have to undergo an independent medical examination and arrange expert testimonies to prove that malpractice did in fact occur. As such, it is highly advisable that you enlist the help of a personal-injury attorney.
If you lost a family member due to medical malpractice in Mississippi, contact Morris Bart, LTD. An injury lawyer in Biloxi will help you navigate the judicial process and aggressively represent your interests. Call 800-537-8185 to schedule a free consultation.
Factors to Prove in a Medical Malpractice Case
You will have to prove that the defendant breached a duty of care that he or she owed to you – or to your family member in the case of wrongful death. You also will have to demonstrate that a reasonable medical professional with the same specialization would have acted differently in the same scenario, and the result would have been better. You must then link the breach of the standard of care to the death or injury, and prove the value of damages.
Medical Errors Are More Common Than Previously Thought
Medical errors are now believed to be the third leading cause of death in the United States. The Washington Post cited research in the British Medical Journal, which estimated that medical mistakes kill 251,000 people in this country every year – more than respiratory disease, stroke and Alzheimer’s. This estimate eclipses the previous numbers from the Centers for Disease Control and Prevention, which estimated that medical errors kill nearly 151,000 people per year.
If you were injured or lost a loved one due to a negligent doctor, nurse or pharmacist, contact Morris Bart, LTD. An injury lawyer in Biloxi will handle the legal aspects of your claim so you can focus on recovering. Call 800-537-8185 today to schedule a free initial consultation.