When going to the doctor to receive a medical procedure, you must trust the doctor to provide you with the standard of care that they would provide to any other patient. Usually, when they provide the standard of care, your medical procedure will be successful and you’ll be cured of your illness or condition.
When a doctor violates the standard of care, you can get injured as a result. A violation in the standard of care that results in an injury is considered medical malpractice. You can sue for medical malpractice and obtain a settlement for any damages you suffer.
Mistakes a Medical Professional Can Make
Medical professionals can make various mistakes during medical procedures that may be considered malpractice. A doctor may perform the wrong medical procedure on you, they may perform the right medical procedure on the wrong body part, or they may leave an instrument inside of you. They may also fail to sterilize the area, which can lead to infection.
All these mistakes are examples of medical malpractice because the doctor violated the standard of care. In a typical situation, a doctor would not treat another patient in this way.
Proving a Violation in the Standard of Care
To prove that your doctor has violated the standard of care, you must receive an expert testimony from another medical professional practicing in a similar field. This medical professional will assess your injuries and the accident in question. They’ll assess whether your doctor has violated the standard of care and whether the doctor’s negligence directly caused your injuries.
If the doctor’s negligence connects to your injuries, the medical professional will make a statement and present this statement to the judge in your case. You’ll also want to present your medical records to the court to prove that your injuries resulted from the accident.
Damages You Can Receive for Medical Malpractice
Once you can successfully prove that there was a violation of the standard of care, your doctor or the hospital where your doctor works will be liable for your damages. You can recover compensation for your economic and non-economic damages. These may include your medical expenses, lost income, pain and suffering, emotional distress, scarring and disfigurement, and loss of enjoyment of life.
Medical malpractice is hard to prove and the claims process is complex. You may need an experienced attorney by your side to obtain the maximum settlement but you shouldn’t back down when you know you’ve been mistreated.