When you go to the doctor’s office or hospital, you put your trust in medical professionals to properly care for and treat you. They are not supposed to cause you further harm. Unfortunately, that is not always the case. Medical negligence occurs often and can lead to devastating injuries or in some circumstances, death. Medical malpractice by nursing staff or doctors can have permanent effects on your life that cause pain, financial hardship, and continuing medical complications.
If you were injured due to a medical professional’s negligence, you have a right to hold them legally accountable. An experienced Bridgeport medical malpractice attorney at Bert McDowell Injury Law is prepared to help. These cases are difficult for inexperienced lawyers and self-represented people, as they require expert testimony and in-depth analysis of complicated medical documents to prove your case. Let a dedicated injury lawyer get to work for you—Bring on Bert!
Defining Negligence by the Standard of Care
Ordinary negligence cases like those for car accidents use a “reasonable person standard” to define negligence, meaning they compare how a specific person acted against what a reasonable person would do in the same or similar circumstances. For medical staff and professionals, the legal standard is different.
In medical malpractice cases, negligence is compared to the “standard of care” instead. This is the benchmark for how a medical professional is expected to behave and respond in a certain situation. The standard of care compares the actions of a particular medical professional against what another medical professional field would do in the same or similar situation.
This will involve looking at factors like the professional’s training, experience, and special certifications. It will also take into account the circumstances of the treatment, such as emergency care or pre-planned surgical intervention. All of these factors may help determine whether the doctor was negligent and breached the standard of care.
Medical Malpractice Errors That Cause Patient Injuries
A medical malpractice claim might arise from any number of mistakes or situations. When a medical professional is responsible for an error that breaches the applicable standard of care, they are likely to be considered negligent. Certain situations commonly cause these mistakes that can result in significant harm to a patient, including:
- Lack of informed consent claims
- Negligence in administering anesthesia
- Negligent performance of surgeries and other procedures
- Prescription medication mistakes
- Misdiagnosis and delayed diagnosis
- Abuse and assault claims against medical staff
These and various other circumstances could constitute a medical malpractice claim. When properly proven, these claims may help win substantial compensation for an injured individual. A skilled Bridgeport medical malpractice lawyer knows how to speak up for injured patients and seek the monetary damages they deserve.
Evidence Used to Prove Medical Malpractice Lawsuits
Proving a medical malpractice claim is challenging but can be accomplished with the right evidence. It must meet the Connecticut Code of Evidence requirements and prove the elements of the medical malpractice claim.
Evidence commonly used in these cases includes, but is not limited to:
- Pictures of injuries
- Radiology films
- MRI and CT scans
- Audit trail results
- Expert testimony by other medical professionals
- Evidence that establishes the standard of care
- Medical bills, invoices, and reports
These along with many other more forms of evidence could prove a medical practitioner’s negligence in court. One retained, diligent and proactive Bridgeport medical misconduct attorney, Bert McDowell, can help investigate a particular case and gather the evidence necessary to show a medical professional’s fault and hold them liable.
Bring Your Case to a Bridgeport Medical Malpractice Lawyer Today
Your case deserves careful attention and investigation. Medical malpractice claims can be complicated and often require seasoned legal counsel to obtain a positive case result. No matter how you were hurt, you may be owed compensation for the negligent acts of medical professionals.
Allow a committed Bridgeport medical malpractice attorney to represent your rights in court. We are here to help you seek the full measure of damages in your case. Contact us today.