Did a doctor make a mistake when you were under their care and you feel like you have a legitimate medical malpractice lawsuit? If so, know that there are many standards that are used for an injury to qualify as medical malpractice. Simply being injured may not be enough since the following things will be considered.
Your Treatment Was Below The Standard Of Care
One of the hardest parts of a medical malpractice lawsuit will be proving that the care that you received was below the standard of care required by a medical professional. A medical malpractice lawyer will look at all aspects of your case for those instances that have a proven history to demonstrate a lack of care in the courtroom.
A perfect example of this is if an error was made when getting a prescription. If you list that you are allergic to a specific kind of medication, it is the doctor's responsibility to provide you with a prescription you are not allergic to. Not reading your list of allergies could result in you getting a prescription that causes a bad reaction.
Your Injury Was Verifiable And Serious
That action or inaction by the medical professional must also result in some sort of serious injury that is also verifiable. This is the other part of the lawsuit that must be present in order to receive compensation for your injury.
In the wrong prescription example, if the medication resulted in an allergic reaction where you were itchy or had digestive problems, that is likely not going to be enough to legitimize your lawsuit. If your injury ended up with you being hospitalized with major medical bills due to a lasting injury, then you would have a much stronger case on your hands for medical malpractice.
Your Injury Was Caused By A Serious Mistake
The medical field does allow for mistakes to be made, but it's important to remember that they allow for minor mistakes or those associated with inherent risk. Procedures and medications all have potential failure rates or side effects, and it is possible that you will be one of the small percentage of people that experience the negative side effects of a health care treatment. That's why the mistake must not only be made, but it must be a serious mistake. Mistakes that are made due to gross negligence are much more likely to result in receiving compensation.
Talk to a medical malpractice attorney to see if your case is legitimate.