When medical professionals make mistakes in diagnosing a condition or administering treatment, patients often worry about how these errors can impact their health. Some of these mistakes are categorized as medical malpractice, which means the medical negligence is directly linked to the patient’s suffering.
There are many types of medical malpractice cases, which often involve something other than a mistake by a healthcare provider. In order to establish your medical malpractice case, you will have to prove the following elements:
- A relationship between the doctor and patient.
- Failure to treat or provide the right treatment.
- A connection between the error and the harm.
- Damages caused by the negligence.
One of the most contentious aspects of medical malpractice lawsuits is establishing the medical standard of care. Proving this element can be challenging for your Hawaii medical malpractice attorney. Your attorney will need to establish the appropriate medical standard of care that applies to your specific case and demonstrate how your medical provider failed to meet this standard. In other words, it is the standard of care that a prudent doctor would have provided in a similar situation.
The main focus is on practices surrounding the procedure or treatment that caused the error and malpractice. This is only possible through the testimony of medical experts or doctors familiar with the patient’s condition who practice medicine in the same region. These medical experts are very essential in establishing liability.
After establishing the appropriate standard of care, you must prove how it was breached. In other words, you must demonstrate that your doctor didn’t meet the standard when treating you. During this legal process, you will also need medical experts to provide important evidence. It is a complex process that only a Hawaii medical malpractice attorney familiar with these types of cases will be able to handle for you.
But it is not enough proving that your doctor made a mistake. You also need to prove a link between the error and the harm you have suffered. Sometimes these mistakes result in health complications that may require further treatment. Perhaps the mistake was failing to diagnose or misdiagnosing your condition and it might be too late to seek adequate treatment for this condition. Whatever your circumstances are, if you’re a patient who has suffered some measure of harm because of your healthcare provider’s errors and you are able to prove it, you have a case.
Talk to an attorney now
If you are thinking about filing a malpractice lawsuit in Hawaii talking to medical malpractice attorney Jed Kurzban. It is important that you talk to your attorney right after you have been harmed. Most people don’t know they have a medical malpractice claim and miss a great opportunity to obtain compensation for their injuries. A hospital should be a place where you find healing but unfortunately about 100, 000 Americans die every year due to medical error. Call us today and schedule your initial case evaluation. We won’t disappoint you.