If you’ve had a traumatic or damaging experience with the medical field, you’re not as alone as you may feel. Every day, there are people who leave U.S. hospitals and clinics feeling like they received a level of care that was unacceptable. In fact, medical malpractice instances account for about 15% of all U.S. personal injury cases. Law firms see these kinds of cases seeking justice all the time. It may be a good idea for you to consider a malpractice suit yourself. To get an idea of what you’ll encounter, here are the three most important things a personal injury attorney or medical malpractice lawyer will have to define in your case.
Medical Standard of Care
The appropriate, expected, or accepted medical standard of care is often one of the most difficult things to define in each malpractice case. It’s complicated, but basically, the accepted standard for a defendant in a medical malpractice suit would be the typical skills and attention a professional with similar training in the same medical community would have provided to the patient.
In the language of the law, a “breach” of the expected medical standard of care is called medical negligence. If experts in the defendant’s field agree that the defendant did not properly use their skills and attention to treat the patient, typically medical negligence is established.
In a successful medical malpractice lawsuit, all of these elements are typically present and either undisputed by both sides or backed up by plaintiff evidence and testimony:
- A doctor-patient relationship.
- The provision of care (including decisions, treatment, and the failure to treat) that fell below the accepted medical standard of care.
- Quantifiable harm to the patient, or “damages”.
- A causal connection between the medical negligence and the damages.
If you think your case can easily use these definitions to win, contact a law firm that specializes in personal injury and medical malpractice cases. Kenneth Buckle Law is a trusted Kentucky firm that offers free case evaluations for suspected instances of medical malpractice. Call the Kenneth A. Buckle Law Office today to see if your case has a chance at the justice you seek.