Mistakes happen in the medical field, just as they can in any other industry. The problem is when these mistakes occur due to carelessness or a medical professional failing to meet the standard of care. These providers take an oath when they enter the medical industry, and we rely on them for our safety and health.
Medical negligence or malpractice leads to major side effects, or even death, for the victims. If you or someone you know has dealt with an issue like this, you need to hire medical malpractice lawyers in New Orleans to help find recourse for the injuries.
What Exactly is Medical Negligence?
Ultimately, medical negligence can be broken down into 4 “D”s:
-
- Duty of professional
- Direct cause
- Damages as a result
- Deviation from required standards of care
These four aspects are what any judge or jury will be looking for when a case like this comes to court. It’s up to you and your representation to be able to show that each of these elements exist because of negligence.
If these four items are present, the victim could receive compensation for associated injuries.
Duty of Professional
The duty of the professional encompasses every type of medical provider and staff. It’s not just doctors or surgeons; it includes care staff, general practitioners, and more. These providers have a duty of care for every patient, although their duty may depend on their position and their role.
The basic standards are to communicate potential risks with patients, protect patient privacy, continue communication throughout every situation, and maintain a high standard of care.
You cannot simply walk up to a doctor in public at random and expect a standard of care from them. The same applies to nurses and other caregivers. It is when you are their patient in some way that the duty comes into play.
Direct Cause
Direct cause refers back to the injuries or side effects that you’re experiencing. Are they directly related to something that the medical professional did or failed to do? Are the injuries a direct cause of malpractice on the provider’s behalf?
Sometimes this is easier to demonstrate than others, but there will be a burden of proof to determine whether there is a direct relationship between care and the cause of the injuries in question.
It’s not always as simple as a course of treatment not providing the expected results. However, if there were clearly mistakes or poor choices that led to an issue, these are much easier to prove.
Damages as a Result
If you are hiring a medical malpractice attorney marlton nj, you and your lawyer will need to work together to prove that the damages you are claiming happened from the actions (or lack of actions) of the medical professional.
In this case, it’s not just proving the direct cause, but also indicating exactly what the damages are as a result of the negligence. These damages often have physical repercussions, but there may also be damages that fall under mental, emotional, and financial categories.
Consider things like:
- Pain, suffering, or anguish
- Medical cost for continued or future treatments
- Hospital bills and medical bills from the initial mishap
- Any type of loss of enjoyment, family support, or consortium
- Lost wages or the future loss of wages
- Required care, including home care, therapy, or mental health treatments
- Punitive damages
These damages can quickly add up to large amounts, especially when you consider cost of care or the sudden inability to earn a living.
Deviation from Required Standards of Care
When you have a scheduled procedure, you have already established a relationship with the staff and providers. When you are under their care in a medical facility, they are responsible for the standards of care as laid out by law.
The definition of standard of care indicates a high quality of care that is reasonable from a healthcare provider or a caregiver. If they deviate from this expected high quality of care, it is considered medical negligence.
The general rule of thumb is that any medical professional provide treatment to their patients at a similar skill level as other qualified professionals would in similar circumstances.
Improper surgical techniques, inappropriate medication usage, reading test results incorrectly, using incorrect treatments, and misdiagnoses can all fall under this category.
Use an Experienced Lawyer for Your Medical Negligence Case
If you or someone you know fits this description of medical negligence or malpractice, it is critical to hire medical malpractice lawyers in New Orleans to take on the case. Use lawyers who have experience and proven track records of success handling medical negligence cases.
Working with a lawyer will help you get the best recourse for your situation. They understand what is required to match the 4 Ds for a case like this and can work through the burden of proof to help you get results.
