Proving Fault in Medical Malpractice Cases

By Larry A. Tawwater on January 01, 2014

Woman in hospital with IVWhen we visit the doctor or any kind of medical professional, there's a basic assumption that he or she will do what is best for us. A medical professional's duty is to promote wellness and prevent harm. And yet even though this should be the case, it is sadly not always what happens. There are many times when the poor decisions of a medical professional result in great harm and even death to a patient, and in those cases, the medial professional must be held legally responsible.

Our team of personal injury attorneys would like to consider the nature of medical malpractice lawsuits right now, with a special focus on the issue of proving fault and why that is so important to consider.

What is a medical malpractice lawsuit?

Medical malpractice lawsuits are legal cases brought against doctors, surgeons, nurses, pharmacists, and other medical professionals when their actions result in harm to a patient.

Some Examples of Medical Malpractice

Here are some example of medical malpractice so that you have some understanding of what these cases may entail:

  • A doctor fails to diagnose a serious medical condition such as cancer, delaying timely and necessary treatment
  • A surgeon operates on the wrong organ
  • A surgeon leaves medical instruments inside of the patient
  • A patient experiences serious complications and dies within 24 hours after surgery
  • Too much anesthetic is used during surgery, resulting in cardiac arrest during the procedure
  • A pharmacist fills the wrong prescription for a patient, resulting in serious complications and side effects

What does "proving fault" mean?

In essence, proving fault simply means determining who was responsible for an incident occurring. In order for our medical malpractice attorneys to be of service, it must be proven that the medical professional is directly responsible for the harm to the injury victim and that an act of negligence on the part of the medical professional was the direct cause of the harm.

Proving fault is not exclusive to medical malpractice cases. In fact, it is necessary for many different kinds of personal injury lawsuits.

The Process of Proving Fault and What it Entails

In order to prove fault, our legal team will go over all of the evidence in your case to determine what exactly happened and how it could have been prevented had the medical professional acted otherwise. We will consult other medical experts to see what their opinions are regarding the injury or fatality and will construct a solid case based on all of the information available.

Strong Legal Counsel As Well As Peace of Mind

The legal process is full of many complexities, which is why it's important to speak with our legal team rather than trying to go it alone. We will help you make the best choices with regard to litigation so that you are more likely to receive compensation for the many losses and hardships that you may have experienced. This expert counsel will allow you and your loved ones to achieve some degree of peace of mind, which may be just what you need to heal or to mourn, and ultimately to move forward again.

Learn More About Your Rights in Medical Malpractice Lawsuits

If you would like to learn more about medical malpractice cases, how fault is proven, and other matters related to acts of negligence, we encourage you to contact our Oklahoma City personal injury attorneys today. The entire team here looks forward to meeting you in person and helping you make the smartest decisions possible regarding these kinds of legal matters.

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