What Constitutes Medical Negligence?
Although practically everyone is at least familiar with the general concept of medical malpractice, it can be difficult to properly define it. Complicating matters further is the fact that medical malpractice is a controversial issue for physicians, who feel conflicted over its effects on society and the perception of their role in health care. If you or someone you know has suffered as a result of negligent actions by their physician, then you should contact West Virginia medical malpractice lawyers that you trust to represent you. For anyone who is unsure whether or not they qualify for this type of suit, this guide will take a look at what this type of malpractice is and how it typically manifests itself.
In order to prove malpractice, there are four elements that must be proven throughout the course of the case. First, it must be shown that the patient was in the care of the physician, and that a level of care was expected from them. This is important, as claims of malpractice cannot be leveled against someone you met at a party, or solicited advice for while on the street. Instead, it only qualifies for someone with whom you have a clear doctor-patient relationship.
Next, it must be proven that the physician violated the standards of care expected of them. Proving this can be achieved in a number of ways, including proving general negligence or a mistake on the part of the physician.
The third element to prove is that the patient suffered an injury that can be appropriately compensated for. It is not enough for a physician to simply make a mistake, there must be a clear and definable injury that can be properly compensated for in a court of law.
Finally, and this is perhaps the most important, the patient must prove that the injury was directly caused by the physician’s negligent or otherwise harmful actions. If a physician was negligent, but it ultimately had no impact on an injury that the patient suffered separately, then it would not qualify as a malpractice suit.
Navigating these types of suits can be difficult, especially if you’re someone who isn’t otherwise familiar with these types of legal proceedings. It’s for this reason that it’s highly recommended you seek out legitimate West Virginia medical malpractice lawyers to look at your case for you, so that they may then determine the best steps for you to take.
If you have a concern about your legal rights, remedies, and obligations contact the experienced lawyers of the Law Office of Freeman & Chiartas.