If you’ve been injured by a doctor, nurse or technician while in the hospital, you can file a claim for medical malpractice. However, you will need to be able to prove several things for a malpractice lawsuit to be successful.
What Needs to Be Proven?
When you present your case to medical malpractice lawyers in Jacksonville, TX, they will ask you several questions to find out if you have good cause to file a lawsuit. With your help, they will need to prove that a relationship existed between you and the medical personnel who caused the harm. This helps establish the duty of care that a doctor, nurse, or technician is obligated to provide to each patient.
They will also need to prove that the care was substandard or neglectful. This is referred to by medical malpractice lawyers as the medical standard of care, or what should have been done. It is established by comparing the care you received with the care of other professionals who’ve had similar cases. An expert witness may be called in to testify on your behalf about what the medical standard of care would have been in your case and whether you received it.
Medical malpractice lawyers will also have to prove you were harmed by the care you received. This could be easy to do if the harm was obvious, such as having the wrong kidney removed, but in some cases, it can be more difficult to prove. Again, the medical expert may have to testify about the damage that was done to you if it isn’t obvious.
If your case is successful, you may be compensated for any injuries you received and pain and suffering. Click here to learn more information about medical malpractice claims and to schedule a consultation with an attorney to discuss your case and its merits.