When you have a serious illness or injury, you turn to a medical care provider to offer the treatment you need to recover. Unfortunately, sometimes, a medical provider may not offer the high standard of care you deserve. When your care provider fails in their duty of care to you, you may have the right to file a claim. Determining liability in Southfield medical malpractice claims is an essential part of the claim process. Our medical malractice lawyers have the expereience you need to secure compensation.
How Lawyers Determine Liability
Our Southfield lawyers look at several key factors when determining liability in medical malpractice claims.
The Doctor/Patient Relationship
In order to file a claim against a medical provider, the injured person will need to show that they had a doctor/patient relationship with the provider. If they had not established care with that provider, the provider cannot treat them negligently.
The Standard of Care
The standard of care determines the steps a care provider should have taken when caring for a patient. That may include specific tests the care provider should have performed based on the symptoms presented, the diagnosis the provider should have issued because of the clear nature of the symptoms, or the treatment the ill or injured individual should have received. Often, a lawyer will look at the care that would have been issued by another provider under the same circumstances.
Deviation from the Standard of Care
Lawyers will take a close look at how a medical provider deviated from the standard of care they should have provided for a patient. That may include a care provider who:
- Failed to properly diagnose a patient
- Failed to provide the correct treatment for the patient’s symptoms
- Did not inform the patient about the risks and benefits associated with a medical procedure
- Committed a never event during surgery, including things like leaving an item behind in the patient or operating on the wrong part of the body
A deviation from the standard of care can cause substantial injury or damages for the patient. Often, it can extend the time the patient needs to recover from their injuries, lead to additional suffering, or even lead to a more serious condition.
Damages
In order to file a medical malpractice claim, the injured person will need to show that they sustained damages because of the care provider’s negligent actions. Damages can include increased medical costs, permanent disability, wage losses, and the suffering faced by the injured individual.
Who Can Bear Liability for Medical Malpractice?
Any medical care provider, including doctors, pharmacists, and nurses, can commit medical malpractice. However, most often, a medical malpractice claim will be filed against either the care provider themselves or the facility where the malpractice took place. Most of the time, the injured individual will deal with a medical malpractice insurance provider.
Medical malpractice insurance companies often have strong legal teams that work to fight against accusations of malpractice. Working with a lawyer offers considerable support for injured individuals and increases their odds of establishing liability and recovering the compensation they deserve for a Southfield medical malpractice claim.
Discuss Strategies for Determining Liability in Southfield Medical Malpractice Claims with an Attorney
Determining liability in Southfield medical malpractice claims is an essential part of recovering fair compensation for your losses. By working with an attorney, you can more easily identify all liable parties and the compensation you deserve for your losses. Reach out to Thurswell Law today to discuss your medical malpractice claim and how you can protect your rights.
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