The thought that a person can sustain an injury or die because of the negligence of a medical professional is scary. Patients trust doctors to help with healing them not hurting them. When this isn’t the case, there can be devastating consequences that negatively impact the lives of more than just the injured patient. When this type of injury occurs, many people opt to take legal action against the negligent doctor or hospital. While this is a viable option and most certainly within their rights, it’s vital that they speak with legal counsel before any major moves are made. Here’s a brief explanation of why moving forward with medical malpractice cases isn’t recommended without a lawyer.
It is important for anyone bringing a medical malpractice lawsuit against a doctor or medical institution to understand that they bear the burden of proof in the case. In order to successfully prove malpractice, the following must be made clear:
* That there was indeed a doctor-patient relationship
* That the doctor or hospital staff was negligent in some way
* That the patient’s injury or death is directly due to this negligence
These things may seem very obvious to the injured person and their family, but it may not be as obvious to the jurors; many of whom have sympathy for doctors who make tough care decisions each day. Furthermore, a person must be able to figure out what a doctor’s care plan looked like in order to determine whether or not the care that was provided was substandard.
When it comes to doing this, having an attorney who has extensive experience with medical malpractice cases is important for those who intend to win. An attorney will be able to help patients or their family members with finding the doctor’s care plan and hiring witnesses who can attest to the fact that a more competent medical professional would have acted differently and been able to help the patient improve (or avoid worsening) their condition.
When medical negligence is the reason someone is injured or dies, it’s important that the person or family stands up for their rights. Fortunately, a caring and experienced attorney can help victims and loved ones do just that. Log on to Dsternlieblaw.com to learn more about why having an attorney present throughout the entire case is key to helping to make sure that justice is truly served.
Click here for more information.