Not every error results in damages or losses, so the first question you would have to answer is whether or not you suffered any loss, injury or damage as a result of your doctor’s error. If not, there would be no basis for a lawsuit. If so, the next question, of course, would be the type and extent of those losses, damages or injuries.
The doctor’s error, also, would have to qualify as medical malpractice or medical negligence, defined, basically, as not meeting the accepted or governing “standard of practice.” Your doctor’s negligence, or failure to meet those standards, would have to be the cause of the patient’s injury or death.
Standards of practice are established by many different sources. Some are made by regulatory agencies, others drawn from scientific research providing evidence that a specific diagnostic treatment or test is the most appropriate to treat a specific disease or set of symptoms, or to make a specific diagnosis. Others are established by professional associations that base their guidelines on accepted practices, regulations, research or other documentation supporting the appropriateness of such standards.
Other evidence of standards is usually found in a facility’s policies and procedures. These common organizational guidelines usually reflect how the governing standards are to be performed, adapting to the specific conditions provided by that facility. They often describe how to perform a procedure using the specific equipment or supplies that are used in the facility.
There are other considerations in determining whether you have a case. Some states’ laws may reduce an award to a plaintiff by the degree to which the plaintiff was at fault. If, for example, the plaintiff contributed to the error 10%, his award will be reduced by 10%. Also, the two-year statute of limitations for medical malpractice claims may disqualify your claim if you act too late.
If you or a loved one has suffered due to medical malpractice or negligence, please contact an experienced medical malpractice attorney in your area today.
