Determining liability for medical malpractice
Sometimes, it’s clear who was guilty of medical malpractice. For example, doctors can be liable for misdiagnosing a patient. However, there are times when multiple parties may share liability. Suppose you received the wrong diagnosis because a medical receptionist put the wrong test results in your folder, and the doctor didn’t notice. The medical receptionist and doctor may share liability.
Medical malpractice attorneys investigate incidents to identify the parties responsible for your suffering and hold them accountable.
How to prove medical malpractice
Legal standards must be met to sue for medical malpractice successfully. First, the medical professional must be guilty of a breach of standard care. The law considers how most medical professionals in the same position would act under the same circumstances. When a medical professional doesn’t act that way, it can be grounds for medical malpractice.
Your legal team must also prove proximate causation by demonstrating that the breach of standard care caused a health issue, either by failing to diagnose or treat an existing issue or creating a new medical issue by engaging in inappropriate actions or failing to act.
Proving medical malpractice also involves demonstrating the medical professional caused significant harm. For example, a person who doesn’t receive treatment because they were misdiagnosed may die or have a limb amputated. A person who receives inappropriate treatment may receive medications they didn’t need that cause internal damage. Demonstrating significant harm establishes grounds for damages.