East Ridge Medical Malpractice Lawyer
Everyone has visited a medical professional at some point in time, and fortunately, most doctors and nurses are capable of providing exceptional care to their patients. Unfortunately, there have been cases when medical professionals have taken actions that resulted in further injury to patients. To prevent this from occurring, the legal system developed rules and procedures to determine who should be held liable for certain injuries sustained by patients.
Medical malpractice liability could be due to treatment, flawed diagnosis, or even treating a patient without his or her permission. When determining whether a medical professional engaged in malpractice, the courts seek to determine what course of action a reasonable medical professional should have taken under the same circumstances.
If you believe you were the victim of malpractice, call an East Ridge medical malpractice lawyer today.
Components of a Medical Malpractice Case
In general, there are two primary components to a medical malpractice case. The first component, determining who was at fault, is accompanied by the second component, proving that fault legally in court. Medical malpractice liability is not always limited to doctors. It could apply to any medical professional who provides health care services to others.
The vast majority of malpractice cases hinge on the assertion that a medical professional was negligent when treating a patient. To establish medical negligence, an East Ridge medical malpractice lawyer and their client must prove:
- The medical professional owed a duty of care to a patient
- The medical professional deviated from the usual standard of care, which is considered a breach of the duty owed to that patient
- There is a causal connection between the deviation from the standard of care and the injury sustained by the patient
- The patient sustained an injury
If an injured patient is able to prove the above, that person may be entitled to compensation for endured pain and suffering, as well as lost income and living expenses related to that injury.
Hospitals and Vicarious Liability
Hospitals could be held vicariously liable for malpractice in some cases. According to the principle of vicarious responsibility, a medical facility could be held liable if one or more of its employees engage in negligent acts when treating a patient. Often, holding a hospital vicariously responsible for malpractice allows injured patients to obtain more compensation.
Vicarious responsibility cannot be applied in all cases. At some medical facilities, physicians and nurses are considered independent contractors as opposed to full-time hospital staff members. If a physician is an independent contractor, that person must be held individually liable if suspected of malpractice. However, if a hospital knowingly contracts with medical professionals with a history of negligence or malpractice, that institution may be held liable as well.
If an injured patient is successful in his or her lawsuit, he or she may be able to recover pecuniary damages from the liable party. Such damages are calculated by the court and takes the cost of the injuries sustained by the patient into consideration.
Talk to an East Ridge Medical Malpractice Lawyer
If you were injured due to medical malpractice, you may be wondering how you could obtain the justice you deserve for your ordeal. This is understandable, but you may have legal options at your disposal. By filing a medical malpractice lawsuit, you can hold the negligent medical professional and facility responsible for your injuries liable.
Talk to an East Ridge medical malpractice lawyer today to see if you have a case.
