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Proving Fault in a Medical Malpractice Case

Posted by attorney Christopher Mellino

You believe you have been injured as a result of your doctor’s careless or reckless actions. Perhaps it was a pharmacist, nurse, anesthesiologist or any other healthcare provider that you believe is responsible for illness or injuries you have suffered.

Despite what you believe to be the obvious facts, you will still need to prove it. Proving fault can be difficult in this type of case so you will want to secure the help of an experienced Cleveland medical malpractice attorney.

Establishing Fault in a Medical Malpractice Case

The basis for any medical malpractice claim is establishing negligence. In order to do this, you will need to prove several things.

The first thing you will need to prove is that a duty of care was owed to you by the healthcare provider. In other words, they provided care or treatment to you.

This could include a surgeon performing an operation on you, a nurse administering medication, or a doctor performing an examination. There are a number of scenarios in which a duty of care may be owed to a patient.

The second thing you will need to prove is that the duty of care owed to you was breached. This means that the healthcare provider deviated from the standard, what another medical professional would do in the same circumstances.

An example would be if you came into the emergency room complaining of chest pains and shortness of breath. The standard would be to rule out a heart attack.

If the emergency room doctor tells you that it’s probably a pulled muscle, gives you some medication for pain and sends you home, this would likely be considered a breach in the duty of care owed to you.

The third thing you must prove is that as a result of the healthcare provider breaching the duty of care, it caused injury. It is not enough that a doctor fails to diagnose you with the correct medical condition. If it didn’t result in illness or injury, you don’t have a medical malpractice case.

The last thing you will need to establish is that the injuries or illness you suffered as a result of the healthcare provider’s negligence was serious and warrants legal action. The cost and time to pursue this type of case must be worth it.

For instance, if you are given the wrong medication and end up with a stomachache that goes away in a few days, you won’t have a case. However, if you are given the wrong medication and you suffer organ damage, then you may be entitled to compensation through a medical malpractice claim.

These types of cases can sometimes be difficult to prove. Not every mistake a doctor makes is negligent.

How a Cleveland Medical Malpractice Attorney Can Help Prove Fault

Even a wrong diagnosis isn’t necessarily a form of malpractice. It could be however, if the doctor should have ordered certain tests and didn’t.

There may be a variety of factors that play into each case. So you will need to secure experienced legal counsel. Contact a Cleveland medical malpractice attorney as soon as possible to learn if you have a legitimate case worth pursuing.

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