Finding out that the medical professional you trusted the most made your accident or illness worse, or that the same medical professional caused you more harm, can be devastating. This is known as medical malpractice, and legal action can be taken to help you get the money you deserve.Get the facts about Indianapolis Personal Injury Attorney Organization
Medical malpractice is characterised as professional negligence through an exact act or oversight of a health care provider in which the quality of care deviates from normal medical procedures and guidelines, resulting in injury or death to the patient. Although medical malpractice standards and legislation differ from state to state, every state requires medical practitioners to carry professional liability insurance at all times to cover the costs of litigation.
When a medical malpractice suit is filed, the patient becomes the complainant (or the executor of the deceased patient’s estate if the malpractice resulted in death), and the medical professional becomes the defendant.
Before filing a lawsuit, the plaintiff can speak with an attorney to see if the case is viable. The plaintiff must be able to show that the case satisfies all four key rudiments of the tort of negligence in order for the case to be viable:
- A legal obligation was owed: When a medical practitioner or a medical institution decides to assist with the treatment of a patient, a legal duty is owed.
- A legal obligation was breached: This can happen when a medical professional fails to follow basic treatment guidelines. Evidence of an apparent error or expert testimony may be used to establish the standard of treatment in court.
- An injury was caused by the breach of legal duty: The injury in question was specifically caused by the violation of legal duty.
- Damages: In order to pursue a medical malpractice allegation, there must be quantifiable losses.
The complainant must have the counsel file a complaint with the court system until it is decided that the above-mentioned areas have been met. From here, all parties are in touch, and all information must be exchanged through the discovery process. The case can be resolved without going to court if both parties can consent. If no party can come to an understanding, the case will go to trial.
The complainant bears the burden of proof by a preponderance of evidence when the case goes to trial. Both sides will present their points, supporting facts, and experts to testify about what they saw, what they did correctly or wrong, and what the quality of care should have been. Following the conclusion of the arguments, the judge or jury weighs all of the facts provided to decide which side’s case is more probable. The decision will be announced by either the judge or the jury at this stage, and if the plaintiff is determined to be the winner, the judge or jury will decide the damages to determine the court’s judgement. The losing party has the option of accepting the judgement or filing an appeal.