Medical Malpractice: Evaluating if You Have a Winning Case

Claim form for medical malpracticeMore often than not, medical care professionals cause injuries to patients through inappropriate actions, errors or omissions. These amount to medical malpractice, which includes misdiagnosis, surgical errors, inappropriate medication, premature discharge or poor aftercare. When an act of negligence results in any form of damage, you can file a claim against the involved individual or institution.

Lawsuits of any form are time-consuming and demanding. Before taking any action, contact one of the experienced medical malpractice lawyers in Oklahoma, such as the Little Oliver Gallagher PLLC. Together, you will evaluate the validity of the case by considering the elements that constitute medical malpractice. These include:

Deviation from the standard of care

The medical profession recognizes certain standards as acceptable treatment under specific circumstances. The law acknowledges that patients should receive this standard of care and that professionals should deliver services consistent with the set standards. If these are not met, negligence in the administration of treatment is established.

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Resulting injury

In addition to a violation of the standard of care, a valid claim must prove that the patient suffered injury that would otherwise have not occurred. Where the negligence did not result in any form of injury, the case is not valid. However, in cases of an unfavorable outcome despite adhering to the set standard of care, the result is not considered malpractice.

Considerable damage

Another consideration for a viable case is for the patient to prove that following the medical negligence, significant damages occurred. These may include suffering, loss of income from inability to work, disability, unusual pain or medical bills incurred in the past and future.

If you suspect that you or someone you love has suffered tragic consequences because of negligent medical services, do not attempt to resolve the case alone. Normally, the statute of limitations in such cases is short and unforgiving. Also, in case the hospital accepts liability and wishes to settle, don’t do it as at points of pressure, it is hard to think clearly. In most cases, the hasty offers are meant to minimize damage before the situation escalates. Let your lawyer handle it.