A medical mistake can be as minor as typing the wrong patient name into a chart or as severe as leaving a surgical tool inside a patient after surgery. Sometimes these errors are discovered and remedied quickly. Other times the results of medical negligence can be devastating and even life-altering. If you have been injured due to a medical error, it is important to consult with a Patient Care Mistake Lawyer to see whether you may be eligible for compensation.
The first two criteria in a medical malpractice claim are that the physician deviated from a professional standard of care and that this deviance caused injury to the plaintiff. This standard of care is defined by the law as the degree of skill, diligence, and care expected from a reasonable physician under the same or similar circumstances.
To prove that a physician deviated from this standard of care, the patient’s attorney must present information that was gathered during pretrial discovery and at trial. Typically, this includes evidence such as deposition testimony, expert witness testimony, and other documentation. A deposition is a testimony given under oath and is part of the legal process used to gather information for litigation. During the deposition, the physician is questioned by attorneys for the plaintiff and the defense. The plaintiff’s attorney can ask the physician questions, called direct examination, and then the defense attorneys may question the physician, known as cross-examination.
In a medical malpractice Patient Care Mistake Lawyer case, the plaintiff’s attorney must also show that the defendant’s breach of professional standard of care directly caused injury to the patient. This is sometimes referred to as causation. The causation element of a medical malpractice lawsuit is much less demanding than the “beyond a reasonable doubt” standard that must be met in criminal cases. Rather, the plaintiff’s legal team must demonstrate that it is more likely than not that the injury would have occurred absent the physician’s breach of duty.
Proving that a health care professional committed medical negligence is difficult, especially since doctors do not readily admit they made an error or that it caused harm to a patient. In fact, it is common for physicians and other health care professionals to defend themselves against malpractice claims by arguing that the injury was either inevitable or was caused by another cause. Despite the difficulty of proving a claim, you have the right to seek damages for your injuries. To learn more about your rights to recover damages for medical negligence, please contact an experienced Patient Care Mistake Lawyer at Peterson & Associates, P.C. to schedule a free consultation today. We serve clients throughout the state of Maryland, including Baltimore County, Anne Arundel County, and Howard County. Call us or use this convenient online contact form to get started now. Time is of the essence when filing a medical negligence claim. Every state sets its own statutes of limitations, which are the deadlines within which you must file a legal action against a healthcare provider for alleged medical malpractice.