What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional deviates from the standard of care in their field, leading to injury or harm to a patient. This standard is based on how similarly qualified practitioners would have managed the patient’s care under similar circumstances.
Key Elements of a Medical Malpractice Claim
- Duty of Care: There must have been a doctor-patient relationship, establishing the healthcare provider’s duty to treat you according to the accepted standards of medical care.
- Breach of Duty: You must demonstrate that the healthcare provider breached that duty through negligence or omission. This involves showing that the care provided did not meet the standard expected of a competent professional in the same field.
- Causation: There must be a direct causal link between the breach of duty and the harm suffered. This means proving that the injury was a direct result of the provider’s negligence, not a pre-existing condition or another unrelated factor.
- Damages: You must have incurred actual damages from the injury, such as physical pain, mental anguish, additional medical bills, or lost work and earning capacity.
Evaluating Surgical Outcomes
Not all unsuccessful surgeries qualify for a medical malpractice claim. Surgery comes with known risks, and these risks are often discussed during the consent process. Complications or unsatisfactory outcomes do not automatically indicate negligence. For instance, a cosmetic surgery that results in aesthetic dissatisfaction may not be considered malpractice if the procedure was performed competently according to medical standards.
How a Knowledgeable Legal Team Can Help with Your Case
If you suspect that your surgical results suffered due to medical negligence, consult with our firm. An experienced attorney will arrange a professional medical evaluation and review your case to help assess whether your outcome might result from negligence. If the case has merit, your lawyer might recommend mediation to resolve the issue efficiently and cost-effectively before going to trial.
Discuss Your Case with Our Lawyers
Legal action is warranted when there is clear evidence of negligence that resulted in harm. It is crucial to seek the guidance of an experienced attorney to explore your legal options and ensure your rights are protected. Our medical malpractice attorneys at Johnson & Biscone in Oklahoma City care about your well-being and securing the financial compensation you deserve. Contact us at 405-232-6490.
