Salt Lake City, UT – While medical malpractice can result in serious health problems that require additional treatment and affect the victim’s quality of life, the process to discover malpractice and win a lawsuit is not always obvious. This is why the victim should get legal help from an experienced attorney who works with malpractice cases regularly to have the best chance of success.
The elements of a malpractice action
The general structure of the medical malpractice case is like most other civil negligence actions. There are four basic elements which include a relevant duty of care, a breach of that duty, causation, and damages. The plaintiff will have to show that what the doctor did to them deviated from what another doctor should have done in the same situation. This is why medical malpractice cases often require expert testimony from another doctor who has similar training or works in the same specialty.
Are all problems related to surgery or treatment considered malpractice?
In medicine there are some situations where a patient is informed that the odds of success may be low or a particular procedure may be dangerous. If the doctor performs the procedure properly, this is not necessarily malpractice as long as they have obtained informed consent from a patient who goes forward despite the risks, and the doctor has actually done their job properly.
The difficulty with discovering malpractice may be that the hospital where the procedure took place or the individual doctor may not say anything to the patient to avoid liability. This is especially if the mistake cannot easily be noticed.
Analysis from a third party
Most states have some kind of procedural rules that require the situation to be examined by another doctor with knowledge of the patient’s condition to move forward with the lawsuit. For example, a doctor who specializes in delivering babies would need to show how a birth injury occurred and explain their experience in the field.
These procedures will need to show that a different doctor can explain why the defendant physician did not perform an action correctly, which resulted in various kinds of harm. This may require a sworn statement with the initial filing of the case to show that there is a good faith basis and the court system will not waste time and resources hearing frivolous cases. Any case that is filed without meeting these requirements may be dismissed at the outset.
Medical malpractice attorneys in Utah
USAttorneys.com can be used to help victims of medical malpractice in Salt Lake City and other parts of the country find a lawyer. Anyone who wants to speak with a local legal professional can choose their location and a relevant practice area to schedule a meeting.