Hickory Personal Injury Lawyer
Medical malpractice suits are common in the United States, as a Hickory personal injury lawyer has seen many times in previous cases. When a doctor makes a grave mistake, they could be liable for how their patient had suffered. It is devastating to realize that a doctor you trusted had failed to take care of you like they should. Medical professionals are held to certain standards and should not harm or cause the death of their patients. It can be difficult for you or your family to know whether you have a valid case. So it is recommended that you get a consultation from Ted A. Greve & Associates to see if you meet the criteria for filing a lawsuit. If these four elements are applicable to your circumstance, it is advisable to contact us immediately.
1. Proof of Duty
Proof of duty is established when a doctor agrees to treat a patient. This is applicable to general practitioners, surgeons, or orthopedists. Duty to a patient is the bedrock of any malpractice case. A verified professional agreement between a patient and a doctor is all that is required to meet this standard.
2. Proof of Breach
Whether due to negligence or misconduct, a practitioner’s duty has been breached whenever the patient’s treatment falls below the accepted standard of care. It is important to note that standards of care have no set legal definition. Instead, they are defined by professionals in the same area of practice. Establishing this standard will generally require expert testimony from a practitioner in the same segment of the medical field.
3. Proof of Cause
If it is clear that a provider behaved outside the realm of professional expectations, the plaintiff must show that this breach of duty resulted in injury, misdiagnosis, or medical error. For example, a family may be awarded restitution after their infant developed cerebral palsy following a negligent delivery. With help from a Hickory personal injury lawyer, the plaintiff would show that the doctor failed to use forceps in the manner intended and chose not to complete an episiotomy. The doctor’s decision to forgo this protocol complicated the delivery and resulted in injury. Demonstrating causation between the practitioner’s conduct and an injury is the critical piece of any malpractice case.
4. Proof of Damage
If your case meets the criteria above, the final step is demonstrating that the medical injury caused undue hardship. This is commonly shown by presenting proof of additional medical expenses incurred while trying to rectify or mitigate conditions resulting from malpractice. In successful cases, the court uses these expenses to determine an appropriate amount to award to the plaintiff.
Hire an Attorney
If these qualifiers apply to you or a loved one, you may have a valid case. Due to the sensitive nature of medical malpractice cases, finding an experienced Hickory personal injury lawyer is strongly advised. Your lawyer can advocate for you and your family, handle the necessary administrative tasks, and more. Having great legal counsel can increase the odds of a favorable malpractice ruling. Don’t wait reach out to Ted A. Greve & Associates today.
