The Challenges of a Medical Malpractice Case
Medical malpractice cases are extraordinarily difficult for non-lawyers to pursue. There are many reasons for this, but the bottom line is that you should contact a Raleigh medical malpractice lawyer if you believe that you may have been harmed as a result of medical malpractice. Pursuing a claim may be your only opportunity to receive the compensation you are entitled to and even a minor mistake can jeopardize your rights.
The Standard of Care
Like other personal injury cases, medical malpractice cases require that you prove negligence. However, medical malpractice cases are unique in that negligence is determined by whether the doctor or other healthcare professional failed to meet the standard of care applicable to your case.
Generally speaking, the standard of care applicable in a medical malpractice case is defined as the level of care that an ordinarily prudent healthcare professional with the same amount of training and experience would provide in the same case. In other words, you likely cannot hold your family doctor liable for medical malpractice if they failed to diagnose a disease that only a specialist would be able to identify. Similarly, a young, inexperienced surgeon may not be held to the same standard in a procedure that is ordinarily performed by a surgeon with years of experience.
Determining the appropriate standard of care can be difficult. An experienced Raleigh medical malpractice lawyer will be able to review your case and determine whether you have a claim.
Medical Malpractice Cases Are Complex
Another reason why medical malpractice cases are so difficult for non-lawyers to pursue is that they are far more complex than other personal injury cases such as car accidents. In addition to determining the standard of care discussed above, medical malpractice cases involve complex medical terminology and complicated facts.
Negative Outcomes vs. Medical Malpractice
Medical malpractice cases are also difficult because it can often be difficult to distinguish between an unsuccessful treatment and malpractice. There are rarely any guarantees when it comes to medical treatment, so a negative outcome does not necessarily mean that malpractice is to blame. In addition to unsuccessful treatment, the following also may not qualify as malpractice:
- Unforeseen complications
- Risks or potential complications that were disclosed
Whether or not risks or complications were disclosed can be a difficult issue. A Raleigh medical malpractice lawyer will be able to determine whether or not you have a claim for malpractice, and then help you understand your options.
Different Types of Medical Malpractice
Medical malpractice can occur in a variety of ways and in many different situations. Here are some of the most common types of malpractice cases that we handle:
- Delayed or incorrect diagnosis
- Birth injury/cerebral palsy
- Emergency room malpractice
- Medication errors
- Surgical and anesthesia errors
- Military malpractice
What is considered malpractice can vary widely in each of these scenarios. If you think you may have suffered as a result of medical malpractice, contact a Raleigh medical malpractice lawyer as soon as possible.
Contact a Raleigh Medical Malpractice Lawyer at Martin & Jones
Medical malpractice cases are some of the most complicated cases that personal injury lawyers handle. We’ve been helping medical malpractice victims for nearly 40 years – we have the knowledge and experience you need to get a fair result. To schedule a free consultation, contact us today at 800-662-1234 to learn more about how we can help you.Share This
The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.