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Determining Doctor Liability for a Medical Malpractice Claim

Posted by attorney Edward Lake

Determining doctor liability can be a time-consuming and complicated process. It will require proving certain elements, which is why you need experienced legal help.

If you or a loved one suffered serious harm at the hands of a doctor, compensation may be available. Contact a Sayville medical malpractice lawyer to learn how you can protect your legal rights.

Proving Doctor Liability in a Medical Malpractice Claim

One of the elements you will need to prove is that the doctor owed a duty of care to you. In other words, you must be able to establish that a doctor-patient relationship existed.

A second element is proving that the duty of care owed to you was violated in some way. This means the doctor deviated from what is considered reasonable standard of care and acted in a negligent manner.

A third element will be proving that you were seriously injured and it was the direct cause of your doctor’s negligence. Or it could be that your illness or injuries was made worse because of careless or reckless actions.

Types of Negligence Leading to Doctor Liability

Some of the types of negligence that may lead to a doctor being held liable in a medical malpractice claim include:

  • prescribing the wrong type or dosage of medication;
  • misdiagnosis or failure to diagnose a medical condition;
  • providing the wrong form of treatment;
  • failure to warn patient of known risks with treatment, surgical procedure;
  • not providing adequate follow-up care;
  • delaying treatment; and
  • prescribing or ordering a faulty medical device.

Proving negligence becomes a challenge in that doctors can’t always know from the start if a treatment is the right one. It may require trying several kinds. Or it may take several tests before detecting a patient’s health condition.

In order to establish the doctor’s liability in cases such as this it will require proving things such as not staying current in learning about the latest types of treatment, not ordering the right kind of tests or not taking the time to learn a patient’s history. If another doctor in the same set of circumstances would have acted differently, this could also be used as a way of proving negligence.

In some cases the doctor may not be the only one held liable. The clinic or hospital they work for could potentially be at fault. For instance, if the doctor wasn’t adequately trained or they were known to make serious mistakes and appropriate disciplinary action wasn’t taken.

Holding Doctor Liable with Help from a Sayville Medical Malpractice Lawyer

With all of the challenging aspects surrounding this type of case, you will need to make sure that you have help from a lawyer who is experienced in the field of medical malpractice. They will have knowledge of general medicine, along with the laws that apply to this field and the state you reside in.

Don’t delay in seeking help from a Sayville medical malpractice lawyer. You will have limited time in which to file your claim. This could put your chance of receiving compensation in jeopardy.

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