Medical malpractice occurs when a patient receives medical care that is deemed to have deviated from the standards of care deemed acceptable by medical experts. This negligent care then leads to actual harm to the patient. You have probably heard of various medical injury lawsuits in the news concerning a variety of dangerous drugs, defective medical devices, and harmful treatment of patients. The harm that can befall a patient from medical negligence of any kind can lead to the diagnosis of a new disease, additional treatment or surgeries to correct the problems the patient suffered, further deteriorating health, and even death.
Given the negative effects that can happen to a patient who has suffered medical negligence, why would a medical malpractice be challenging or difficult to prove in court? First, it must be understood that winning compensation in any personal injury case is never guaranteed. It requires thorough preparation and convincing evidence, commonly put forth by medical experts.
Have you suffered harm due to medical practice? Are you wondering if you have a valid case? Contact Rash Mueller at (954) 914-7116 for a free consultation about your situation.
What Has to Be Proven in a Medical Malpractice Case?
Since medical negligence is being asserted in such a case, it first must be shown that you were a patient of whomever is being accused of the negligence. That is generally the easy part. After that, you must demonstrate that the medical professional was negligent. That is done by showing that he or she did not provide you with what is considered medically to be the proper standard of care or treatment. This means that the medical person who treated you should have done something other than what he or she did, that he or she did not act reasonably. Lastly, you must prove that the treatment or care you did receive from that professional caused you injury.
The burden of proof is on the plaintiff (the one bringing the lawsuit against the defendant). That means you must prove all three aspects of the case as shown above. If you are successful in giving the court a “preponderance of evidence” as to those three elements, you will have proven the negligence and may be awarded appropriate damages.
Why Is it So Complicated?
At first glance, the above may seem simple, but when proving any medical assertions, the case will involve the presentation and analysis of complex medical data. This information is often so complicated that it must be reviewed and sorted out by expert witnesses. An expert witness is someone who has special knowledge in an area, specialists who are highly credentialed and/or who have practiced in a particular field for decades. These witnesses typically have to explain what the medical information means to judges and juries in the court; however, because the information is often extremely complicated, it can still be hard to understand. It can also be encyclopedic and long-drawn out causing juries to tune out.
Furthermore, it can also be difficult to convincingly show that your injuries were causally linked to the negligent treatment you had. For instance, a patient could show that he was not properly diagnosed with cancer only to have it diagnosed later. It could be asserted that the lack of diagnosis led to the spread of cancer. However, the other side could argue that it can never be known that, if the patient had been given any type of cancer treatment after a proper diagnosis, it would have prevented the spread of cancer.
Experienced & Trusted Legal Representation in Florida
Proving a medical malpractice case calls for an extremely experienced and skilled litigator who thoroughly understands how these complex cases work, how to prepare for them, and how to adequately prove them in court. Many medical malpractice cases, as reported in the news in the past, have led to victories, huge settlements, and awards so they obviously can be won and provide justice to harmed patients.
At Rash Mueller, we concentrate much of our practice on medical malpractice. We have achieved many successful case results. If you need a competent and zealous team to help you in any medical malpractice legal claim, we urge you to reach out to us as soon as possible.
Contact us at (954) 914-7116 to get started today.