When dealing in medicine, whether it is with you personally or someone you love, there is always underlying risk. Every individual’s body is different and will react to treatment differently. So how do you discern whether a mishap with the medical system is due to normal potential risk or if it is in fact a medical malpractice? It creates a very difficult situation for all involved.
More Than a Mistake
Accidents happen, mistakes are sometimes made. In medicine, misdiagnoses and other mistakes can happen for a multitude of reasons and would not be considered medical malpractice. A patient may be presenting with multiple issues that, combined, look to be a completely different disease, or there may have been underlying issues that were unknown that caused unforeseen complications within a procedure or treatment. Although upsetting, these are general risks that can come along in the medical realm. To be medical malpractice, you need proof of a patient and doctor relationship, as well as proof of negligence by the medical professional within this relationship. When we say negligence, we mean that the standard of care given by the particular medical provider falls below the accepted standard. There must also be proof of measurable physical suffering that is directly linked to the negligence of the medical provider.
Meeting With Your Lawyer
Once you have established that you indeed have a case and have sufficient evidence to back it up, it is vital to meet with your lawyer not only to get him or her up to speed on your case, but to ask any general questions. Ask your lawyer whether or not they have any concerns about your case. This will help to plan out how to tackle these concerns, as they are potential weak spots. Prior to hiring your preferred lawyer, make certain that they are able to defend you in the state in which your medical malpractice issue occurred. Ask about any time limits as well. Often, people may not know a problem with his or her medical care until a problem arises years after the causal treatment. Discussing these various topics with your lawyer will ensure that you have all bases cover before going to court.
So You Have a Case
When it comes to presenting your medical malpractice case in court, it is paramount to be over-prepared. You must impart as much as you know to your lawyer prior to the case. High attention to detail in your gathered evidence will help to give the court a better idea of the extent of your case – both as a plaintiff or a defendant. Medical malpractice cases are difficult for all involved: the plaintiff, the defendant, and the judge. It all comes down to how thoroughly you have built your case. Medical malpractice cases are no small ordeal and you want to make sure you have the best attorney possible. For the state of Tennessee, there are numerous medical malpractice lawyers in Nashville ready to take on your case today.
