Medical malpractice occurs when a health professional through negligence causes an injury to you or your loved one. To establish a malpractice case, you have to show that the professional was negligent in their duties and that this negligence caused an injury.
Many people believe that they have a claim for medical malpractice, but there are specific standards that must be met to prove negligent care. You will want to consult your medical malpractice attorney about the specific details for your case.
Negligence of the Healthcare Professional
Negligence occurs when your doctor, hospital, or healthcare provider provides you with substandard care. For a medical malpractice case, there are several ways that you can prove negligence on the part of the professional, including:
• Failing to disclose risks of a procedure
• Failing to diagnose a serious condition
• Performing a procedure that created an injury
Medical malpractice laws do not require your healthcare professional to be perfect. In the eyes of the law, there is room for mistakes. When the case is considered to be a medical malpractice lawsuit, the doctor has failed to provide treatment to the patient according to the accepted medical standards of care. Mistakes are made in the medical field, but when the error deviates from the standard level of care, it is considered malpractice.
Medical Recklessness
In some cases, the doctor can act recklessly in their duties to perform care for the patient. However, these cases are sporadic. A doctor’s reckless behavior would include performing a procedure under the influence of drugs or alcohol or even administering medications that contradict the accepted medical practices in the field. The doctor’s behavior must be so negligent that the professional has placed the patient in significant harm while in their care.
Not All Cases are Malpractice
There is a higher standard to prove medical malpractice in the healthcare industry. A patient whose condition became worse after treatment is not necessarily a case of negligence. Unfortunately, certain diseases and illness do not respond to treatment programs. In the medical field, there are no guarantees that the patient will respond to the treatment. If the doctor acted with reasonable care in the course of the procedure, you could not make a case for medical malpractice. There are times with even the best treatments and procedures that a patient takes a turn for the worse.
Untreatable Medical Conditions
Unfortunately, not all medical conditions are treatable. If the doctor took care to diagnosis a condition and made sound decisions to proceed with care, the professional is not liable for medical malpractice even if the condition is untreatable. Malpractice is not in place to punish doctors for terminal illnesses and deaths. The medical malpractice laws have been established to protect the patient when the acceptable standards of medical care are not met.
You need to remember that every medical malpractice case is different. An experienced attorney will help you determine if your doctor acted negligently with your medical treatments. Medical malpractice lawsuits are complicated legal matters, and you need to seek an experienced attorney. If you think your doctor or healthcare professional acted negligently, make sure to schedule a consultation with a legal professional.
Navigating a medical malpractice claim is highly complex and requires an attorney that is a skillful and resourceful litigator. If you or your loved one believe you have suffered an injury or wrongful death due to medical malpractice in New Orleans, LA and are thinking about filing a lawsuit, call us today.
Our attorneys are dedicated to helping their clients take every legal step and law procedural action available to recover the maximum compensation. You can contact the legal team at Allan Berger & Associates for a free case review to determine if you have a medical malpractice case. You can reach our office by calling (504) 618-1596 or sending us a message via our contact form.
