Understanding the Standard of Care in Medical Malpractice Cases
Some of the most complicated civil lawsuits involve medical malpractice claims. Medical malpractice is complex. Many people believe that if a doctor makes a mistake, that is sufficient grounds to pursue a medical malpractice case against the physician or medical facility they work for. That is a misconception. A viable medical malpractice case means proving that a health care provider violated the standard of care. What does that mean?
At Strickland, Diviney & Segura, we want to help you understand the scope of medical malpractice cases and what it means for a health care provider to violate the standard of care.
What Is the Standard of Care in Medical Malpractice Cases
There are several facts a patient must prove to recover compensation for their injuries and financial losses in a medical malpractice case. One major issue they must prove is that a health care provider violated the standard of care.
What is the standard of care? Essentially, the standard of care is the care that would be provided by a reasonably prudent provider. You may have a viable medical malpractice claim if you can prove that the health care provider who is the subject of your case did not meet that standard. Medical malpractice isn’t necessarily about mistakes. Medical malpractice concerns careless acts or failures to act that a reasonably prudent provider would not make in the same situation.
What Other Elements Do You Need to Prove in a Medical Malpractice Claim?
First, you must establish that a health care provider violated the standard of care in your situation. Common examples that may lead to a medical malpractice claim can include:
- Failure to treat
- Misdiagnosis
- Failure to diagnose
- Unnecessary surgeries or treatments
- Errors in reading laboratory results
- Ignoring or dismissing laboratory results
- Surgical errors
- Prescription drug errors
- Failing to implement appropriate safety precautions
Next, you must prove that because a health care provider violated the standard of care, you were injured. Finally, you must also show that the harm the healthcare provider caused also resulted in significant injuries. Medical records, expert witness opinions, and other evidence can help strengthen your claim and prove that the careless actions of a medical practitioner hurt you.
Why You Need a Roanoke Medical Malpractice Lawyer
Proving medical malpractice is complicated. For those coping with significant health problems and complications, the challenge can seem overwhelming without outside help and support. That is precisely what the legal team at Strickland, Diviney & Segura can provide.
Our knowledgeable medical malpractice attorneys can do the heavy lifting for you, investigating your claim and building a solid case for maximum compensation on your behalf. You will have the time to focus on healing while we use our time and resources to achieve the most favorable outcome possible for your situation.
Discuss Your Claim with a Roanoke Medical Malpractice Attorney Now
You have limited time to pursue a medical malpractice lawsuit. Every claim has a statute of limitations, a deadline to file a lawsuit. The general rule for the statute of limitations of medical malpractice cases is two years from the date of injury. Discuss your situation with a supportive and compassionate Roanoke medical malpractice lawyer now. At Strickland, Diviney & Segura, we can guide you through the legal process and help you recover the compensation you need. Contact our office to arrange a confidential legal consultation today.
