A medical malpractice claim is a type of personal injury claim, which means that when a victim suffers because of another party’s negligence, the victim has the right to seek monetary compensation for his or her damages from the negligent party’s insurance provider. This is because by failing to uphold their duty of care, also known as a standard of care when discussing medical malpractice, the negligent party is liable for damages caused by their negligence.
If you are suffering after an act of medical malpractice, one or more party may be liable for your damages. The first thing to do after determining that you have been injured is to seek corrective medical care. Do not consider filing a medical malpractice claim until you have addressed any glaring medical issues you face. Then, speak with an experienced medical malpractice lawyer to determine the party that is liable for your damages.
Determining Which Party is at Fault
To determine which party is at fault for your damages, ask the following questions:
Which parties owed you a duty of care? This is the responsibility to take care to prevent an injury or worsened condition for you and as a patient, all parties involved in your treatment have this duty of care;
Which party breached this duty? In other words, did one or more of the parties charged with providing your care somehow fail to provide the correct care?
How did the breach cause you to suffer? This is key to any medical malpractice claim. You must be able to demonstrate that the negligent party’s breach of his or her duty of care directly caused you to suffer harm; and
How did the harm cause you to suffer financially? This, too, must be proven as part of your medical malpractice claim.
Multiple Parties May be Deemed to be at Fault
Because more than one party has a duty of care to a patient, more than one party can be negligent and cause the patient to suffer. Examples of parties who can be at fault in a medical malpractice claim include physicians, nurses, hospital administration staff, and even drug and medical device manufacturers, depending on the nature of the victim’s injury.
Talk to your lawyer about which party is at fault in your case. For example, if you suffered because of a tainted batch of medication, the drug’s manufacturer may be at fault. But if the manufacturer issued a recall for that drug and the physician prescribed it to you anyway, knowing that the drug had been recalled, he or she may be at fault.
Work with an Experienced Medical Malpractice Lawyer
If you have suffered a worsened or stagnant condition or a new injury as the result of a healthcare provider’s negligence, you may have grounds for a medical malpractice claim. To learn more about filing and pursuing this type of claim, work with an experienced medical malpractice lawyer from Baizer Kolar, P.C. We are a small firm that involves all team members on every case, ensuring that your claim gets the dedication and attention to detail it deserves.