When you or a member of your family is treated by a physician or admitted to a hospital, you certainly anticipate receiving a level of care that adheres to a recognized professional standard. Unfortunately, that is not always the case in Nevada and around the nation.
Mistakes get made, surgical errors happen and diagnoses can be incorrect or delayed.
Those and other similar situations that result in injury, permanent harm or even the death of a patient may be considered medical malpractice. Exactly how is medical malpractice defined? According to the National Law Review, it is “medical care or treatment that falls below the accepted standard of care and causes actual harm to a patient.”
You might assume that proving medical malpractice is a cinch. You just indicate that medical personnel did not follow appropriate standards of care in your case, harm was thus inflicted and you win your lawsuit, right?
Not quite. Showing conclusively that the care you or your family member got was sub-standard or deficient is one thing. It is your legal responsibility, as the patient, to also show that the faulty care was the direct reason for the harm you endured.
That sounds pretty simple, too. But credible doubts can be raised when you try to place blame on a doctor or another medical professional. For example, complications can arise anytime during or after surgery, even when everything is done by the book. That makes it harder for you to conclusively prove that a surgeon was responsible for a poor outcome.
You may be frustrated, angry or impatient about your situation. Even so, don’t complicate your situation further by doing any of the following if you plan to sue:
· Initiating contact with possible defendants or their lawyers
· Participating in settlement negotiations
· Signing documents having to do with the situation
· Putting anything about it on social media
If you believe that medical care you received caused you harm, seeking compensation by proving medical malpractice may be possible. Be aware that it’s not necessarily an easy process to make your claim stick.