Doctors, dentists, nurses, and other medical professionals undergo years of training to practice their professions. In addition, state licensing boards require these individuals to keep up to date with changes in medical science and the latest procedures.
Despite these high standards, mistakes in the medical field are more common than you might think. If a medical professional’s errors are so egregious that they fall below the acceptable standard of care, it could constitute medical malpractice.
People injured by medical malpractice have the right to retain a seasoned personal injury attorney and demand compensation for their losses, including additional medical care, lost wages, and pain and suffering. Given the complex nature of such cases, plaintiffs may benefit from speaking with a Broken Arrow medical malpractice lawyer.
Not every failure to remedy a patient’s condition is an example of medical malpractice. A medical malpractice lawsuit specifically seeks to punish medical professionals who make avoidable mistakes.
All medical practitioners must adhere to the standard of care within their area of expertise. Typically, this standard is set by the level of skill and competence that a comparable medical professional should exhibit given the circumstances. This level of skill can vary based on many factors, some of which include:
A Broken Arrow medical malpractice attorney could help an injured patient evaluate the medical care that they received and determine whether it amounted to malpractice. It should be noted that since a court cannot take only an attorney’s word that malpractice occurred, a plaintiff must work with a medical expert to prove their case.
Medical malpractice cases always center around a question of science. After all, it is unfair to expect a jury of laypeople to understand many of the complex medical questions with which a malpractice case may be concerned.
In an attempt to aid the court with understanding the matters at hand, the law requires malpractice plaintiffs to work with a medical expert. This individual is expected to evaluate the actions of the defendant present their opinion as to why the care fell below the acceptable professional standard.
It is important to be aware that a plaintiff must work with such an expert before the case can even get to court. Under Oklahoma Statutes §12-19.1, an injured person must both present medical evidence to a jury through the use of an expert witness and show an affidavit that was completed by the expert to the court. This affidavit must state that, in the expert’s opinion, the defendant’s actions breached the duty of care for a provider to a patient and caused the medical malpractice to occur.
A medical malpractice lawyer in Broken Arrow could help an injured individual with hiring medical experts who may be able to testify on their behalf. Committed attorneys could work with these experts to evaluate a case and demonstrate the defendant’s negligence in court and in settlement talks.
Few personal injuries are as damaging and demoralizing as those that involve medical malpractice. When medical professionals fail to meet the standard of care that a reasonable provider would give, any injuries that a patient may consequently suffer could be compensated for their losses.
A Broken Arrow medical malpractice lawyer could work to provide an initial case evaluation, locate and hire a medical expert who can prove your case, and develop a strategy designed to bring you fair compensation in settlement talks or at trial. You have only two years from the date of the incident to pursue a case, so do not delay in contacting legal counsel immediately to discuss your claim.