Medical Malpractice Lawyers Explain the Common Elements of the Case
Contrary to popular belief, medical malpractice is far from being merely a frivolous lawsuit. Often, it is perceived as an unnecessary legal proceeding that is initiated by patients or clients who would like to hold their doctors unreasonably liable for a mishap or a physical condition.
The truth, however, is that medical malpractice is a serious allegation that affects as much as hundreds and thousands of patients each year. The Institute of Medicine, in fact, has found in a study that as much as 98,000 patients fall victim to fatal medical mistakes, most of which have been characterized as easily preventable. Many more suffer from non-fatal instances of medical malpractice cause victims to lead a serious loss in their quality of life.
It’s important to know what constitutes medical malpractice so that you can immediately seek redress with the help of an Oklahoma City personal injury lawyer.
Who is Involved?
It is often the case that the lawsuit is filed not only against the doctor or the team who were involved in the situation, but also against the very institution wherein the alleged malpractice was committed. The foremost burden that must be proven in this case is that of liability. Providing evidence that the named defendants did act without due diligence on their parts as doctors will have to lie on the individual making the said claim.
You may file the case yourself if you were the patient who fell victim to the alleged malpractice. In a fatal case, however, the family can instead take the place of the deceased patient as claimants for the medical malpractice suit.
Medical Malpractice Elements
For you to be able to successfully act upon a medical malpractice case, you have to first fulfill certain requirements. For one, you must be able to prove that a doctor-patient relationship did exist between the two parties. For this, proof that the doctor was not only seeing you, but also providing you treatment should help strengthen your claim.
Once the relationship is established, it must be shown that there was a breach of this duty. Essentially, your doctor’s main responsibility is to treat you and put you out of harm’s way. Doing the exact opposite could make them liable, especially if this breach in duty proximately results in harm or damage.
If you feel that you that you do do have a case to build, consult first with medical malpractice lawyers from Oklahoma such as those from the office of Little, Oliver & Gallagher. They should be able to give you proper advice on what steps to take next.
12 Medical Malpractice Facts. HCP Live.
Medical Malpractice Facts and Myths. Medmalfacts.