Even though human is to error, mistakes made by doctors aren’t just like any other common errors. Even the slightest slip-up made by a medical practitioner while administering treatment has the potential to change your entire life from a smooth sailing one to a difficult one or even worse; leave you dead. According to an article posted on CNBC, medical errors are among the top five causes of death in the world. They rank third, and while it is possible for one to sue the doctor in question for malpractice, most people are usually unable to differentiate between a medical error and negligence because not every adverse outcome constitutes malpractice. Fortunately, we are here to straighten things out by explaining what medical malpractice laws are, and how to determine if your claim is valid.
What Are Medical Malpractice Laws?
These are laws that hold medical practitioners liable when they cause more harm than good to a patient due to negligence. In other words, a medical malpractice law Columbia SC allows you to sue a health care professional when he/she causes you harm by failing to provide competent and reasonably skilled care.
These cases are often the most expensive and also difficult cases in the realm of litigation not only in Columbia SC but in all the other states as well. According to statistics, only one-third of malpractice victims win the cases. We are however here to ensure that you are not among this group by explaining factors that constitute a valid claim. For your medical malpractice claim to be viable, you need to prove that;
There Was An Existent Doctor-Patient Relationship
For your claim to be valid, you need to prove that you had a doctor-patient relationship with the practitioner in question. In other words, you need to show that you hired the physician in Columbia SC, and as a result, he had the duty to ensure your wellbeing throughout treatment. Determining this is often easy except when the physician didn’t treat you directly, for instance, if he/she called in their assistant to handle your treatment.
Prove A Breach
As the plaintiff, you also need to prove that the doctor was negligent. As noted earlier, not every adverse outcome constitutes malpractice which is why you need to show that your health care provider violated the applicable standards of care, which if he/she had followed, would not have caused you harm. This is often hard to prove, which is why most states require that you bring in a medical expert who explains the applicable standards of care as well as demonstrate how the doctor in question violated them causing harm to you.
Prove The Negligence Is The Cause Of Your Injury/Harm
As the victim of medical malpractice, it is apparent that you will seek legal help once the damage is done. In respect to that, you also need to prove that your injuries are as a result of the doctor’s negligence. For instance, if a pregnant woman loses their unborn baby due to a misdiagnosis a few days after a prenatal clinic visit, she needs to prove that her miscarriage was as a result of the misdiagnosis and not other factors that arose when she was at home in the period between the clinic visit and the miscarriage. Again for this, you will need a medical expert to explain the connection.
Lastly, even if you prove the connection between the doctor’s negligence, you also need to determine the damages. As average Joe, determining whether your malpractice claim is valid can be incredibly hard. This is why it is recommendable that you seek the help of a seasoned medical malpractice lawyer in Columbia SC to help you out. Additionally, the chances of you winning the case increase when you have an attorney by your side as they are more experienced in such lawsuits.