Proving Fault in Medical Malpractice Cases

Jan 4, 2014 — by Gary Zucker
Tags: Medical Malpractice Personal Injury Wrongful Death

Proving Fault in Medical Malpractice CasesWhether we visit the doctor or undergo surgery at a hospital, there is a certain expectation that we have that is not unreasonable: a medical professional will work his or her hardest to make us healthy and prevent any harm from being done as well. This is, simply put, part of the duty of those in the medical profession. And yet even though we expect this, there are tragic instances in which doctors, surgeons, nurses, and others in the medical field do harm to their patients through negligent actions.

Our team of personal injury attorneys would like to take a moment right now to consider the nature of medical malpractice lawsuits and what these entail, with a particular focus on the nature of proving fault and why that is so important.

What are medical malpractice lawsuits?

Broadly, medical malpractice lawsuits are cases in which the negligent actions of medical professionals lead to injury or harm to their patients. This applies to doctors, nurses, surgeons, pharmacists, and anyone else involved in the medical profession.

Kinds of Medical Mistakes That Would Result in a Lawsuit

Some examples of medical malpractice lawsuits include:

  • Failure to diagnose a serious medical problem
  • Leaving surgical instruments in the body after surgery
  • Performing surgery on the wrong organ
  • Using too much anesthetic during surgery
  • Prescribing the wrong medication for a health problem
  • Filling the wrong prescription at a pharmacy

What It Means to Prove Fault

To prove fault essentially means to prove that a party was responsible for a medical error occurring. When fault is proven, then the at-fault party can be held legally liable for their negligence by our medical malpractice attorneys.

Proving fault is important in all kinds of injury lawsuits (e.g., auto accidents, workplace injuries, slip and fall accidents), not just medical malpractice cases.

How Our Medical Malpractice Attorneys Will Prove Fault

Our legal team will carefully note all of the circumstances surrounding your case, looking at all available evidence possible. We will also consult other medical experts to consider the evidence and the nature of your injury. Using all of this information, we will build a strong case that will show how the negligence of a medical professional was the direct cause of a decline in health and other kinds of harm.

Others Ways In Which Our Attorneys Help Clients

The legal process is very complicated, so it's not advisable for people to try to go it alone. By partnering with our legal team, you will have strong advocates on your side who will fight diligently on your behalf. While our team handles the nuances of the legal process, you and your loved ones will be able to concentrate on healing and, in the case of fatal medical mistakes, mourning. Ultimately, our goal is to help you achieve peace of mind, just compensation for your suffering, and the ability to move forward.

Learn More About Your Rights in Medical Malpractice Lawsuits

If you or someone that you love has been the victim of a medical professional's negligence, it's important that you contact our Brooklyn personal injury attorneys today. The entire team here looks forward to meeting you in person and helping you receive just compensation for any injuries, losses, or hardships that occur as a result of another person's negligence.

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