As a patient, you can lodge a personal injury lawsuit against your doctor or any medical practitioner or institution for medical malpractice. The lawsuit will help you get compensation for injuries you have sustained from their sub-standard treatment.
If your situation worsened because of their poor advice, misdiagnosis, or negligence in carrying out their duties as medical professionals, it is your legal right to lodge a malpractice lawsuit. To win the case, however, you need to prove three things to the court or jury. If you’re not a lawyer and have no ample knowledge of how these things are handled, an Oklahoma medical malpractice lawyer can enlighten you and help you establish the following:
Standard of Care
You have to understand, of course, that before they became doctors, they were humans – capable of making a mistake. This is something that your doctor might express as a reason for the error. While you do not expect them to be perfect, you do expect them to be reasonably competent. This means that they should give the standard of care expected from a reasonably competent doctor in his particular field of medicine.
You and your attorney may solicit the help of a medical professional in the same field or related practice, who is ready to testify about what constitutes “standard of care” in the particular medical care you received.
Breach of Standard of Care
In this step, you need to prove that the doctor breached the above standard of care established by your medical professional witness. With the help of your lawyer, you need to prove that the doctor failed to do something that a reasonably competent doctor would have done, or did something that a reasonably competent doctor would not have done. Proving any of this will show outright negligence on the doctor’s part.
This is the most important part. It entails proving that the doctor’s negligence directly caused your injury. Sometimes, inasmuch as the doctor breached the standard of care, an injury that did not directly result from that negligence cannot be tagged as medical malpractice. As such, it’s important to prove that the lack of standard care by the doctor directly caused your injury, or you won’t have a case.
Medical malpractice lawsuits are complicated, and they usually need expert testimony, detailed investigations, and the help of an experienced medical malpractice attorney. Before filing a lawsuit against your doctor, make sure you prove all of the above.