Personal injury cases generally involve accidents like car wrecks and slip-and-falls that result in bodily injury. Medical malpractice is also a type of personal injury, but there are some key differences between medical malpractice lawsuits and other personal injury lawsuits.
These cases are usually much more complicated than other types of personal injury cases because there are so many factors involved in determining whether or not someone has committed medical malpractice. If you’ve suffered from medical malpractice, talk to the lawyers at The Kindley Firm, APC to learn more about your options for recovery.
Medical malpractice is based on negligence. This means if your physician deviated from the accepted standard of care and you were injured because of it, you may have grounds for making a claim.
A medical malpractice lawsuit can be filed against a doctor or hospital, just like any other type of personal injury claim. However, there’s a difference in they way they are handled when compared with other types of injury claims. That’s because medical malpractice is regulated by state and federal laws like HIPAA.
As a victim, you will have to prove that negligence occurred in order for your case to succeed. This is a big difference from other types of personal injury where only intent matters. For example, if somebody hits you with their car because they were driving drunk, your lawyer would be tasked with proving they were careless with your safety and hurt you.
Medical malpractice claims can be more complex. For example, you may first need to prove you were a patient of that doctor. You’ll also need to prove that your injuries were caused by their carelessness, and not by a genuine mistake.
For example, if a doctor failed to diagnose a serious illness because your symptoms closely matched another illness, you may not have grounds for a lawsuit. You and your lawyer may instead need to prove that the doctor was careless with your health and safety.
Medical malpractice claims are typically evaluated by an independent third party, also called an expert witness. These experts are usually doctors and other medical professionals. They can provide testimony about the facts of your case and help establish causation between negligence and the harm that was done to you.
The type of medical malpractice claim you’re bringing before a jury will determine that type of expert that’s called in. For example, if you suffered a serious injury during surgery, a surgeon can evaluate the damage more accurately than a general practitioner. Those details can give you a stronger case against the doctor who harmed you.
Expert witnesses are sometimes also called in during the depositions that take place before the trial. During this time, the opposing lawyer might ask questions about your case or ask the expert to provide documents related to your claim, which is called an expert witness report.
If you need a expert witness in the medical field on your side, your lawyer will be key to contacting and getting information from these professionals. Your lawyer has the resources to contact the right expert witnesses for your case. Your attorney can speak with the right parties to get all the information you need to support your negligence claim against your doctor.
A key difference between medical malpractice and general negligence claims are the standards doctors are held to. Doctors and other medical personnel are held to higher standards than non-medical professionals because they’re educated and trained in their field.
For example, when you go see an oncologist for a tumor, getting an accurate diagnosis is vital for your health and wellbeing. A mistake can cause severe damage and even death. Because of this, the compensation you receive is often more substantial because they’re supposed to be experts in their given field.
Medical malpractice cases are similar to other personal injury claims in many ways, but with some key differences. If nothing else, it is important to remember that these cases take time and patience on both sides of the table because they can become very complicated.
Although the lawsuit process may seem daunting, you can rest easy with aid from experienced attorneys at The Kindley Firm, APC. We can help you understand your options and make sure your case goes smoothly.
When you’re ready to speak with out attorneys, reach out for a free consultation. Call 619-550-1313 or complete the following online contact form. Let’s discuss what we can do for you.