Call this direct line and speak with Rob immediately: (801) 363-8500
How Does a Medical Negligence Lawyer Salt Lake City UT Trusts Prove Fault in a Claim?
Doctors are humans too, and naturally, despite their training and skill, they are liable to make mistakes. It goes without saying that people expect medical professionals to perform to a specific level of care and proficiency. Furthermore, they have taken an oath and should adhere to it at all times. When a doctor, nurse, technician, assistance, medical facility, or other medical worker does not meet reasonable expectations and standards of care, and an injury results, it may be possible to seek damages for medical malpractice.
How does a Salt Lake City, UT medical malpractice lawyer prove fault in a claim?
Negligence – A medical malpractice lawyer might explain to you that most cases proceed under the legal theory that a doctor, nurse, or other medical provider was negligent while administering a treatment or procedure to the patient. In order to prove negligence occurred, your lawyer must show that:
- A doctor/patient relationship existed
- The doctor owed a duty of care to the patient
- The doctor breached that duty owed
- The breach led to an injury or illness
- Had the breach not occurred, the patient would not have been harmed
- The patient suffered physical pain and other losses
For a Salt Lake City, UT medical malpractice lawyer to show negligence, he or she must be able to show the doctor’s care fell below the standard of care that is accepted by other doctors in the same field. There is no actual definition of standard, which is why a lawyer may use the testimony of an expert witness who is qualified to practice in the same area of medicine.
Negligent application, usage, or prescription of medical devices or medications – It is possible for a medical provider to be negligent and held liable, when a patient is injured because the wrong medication or dosage was prescribed. Negligence might also be a factor when the medical professional ignored the manufacturer instructions of a medical device. Sometimes a pharmaceutical company can be held liable. This would generally be a result of failure to warn or wrongful marketing practice.
Informed consent – The legal meaning of informed consent varies by state. Typically it means that the medical provider must inform the patient of the benefits, risks, and alternatives associated with a procedure, surgery, or treatment. The must obtain the written consent of the patient before proceeding. If the treatment was administered without the patient’s’ consent it could be considered medical malpractice. In some cases, a medical malpractice lawyer will also consider the situation to be a form of battery.
Determining Proof in a Salt Lake City, UT Medical Malpractice Case
Establishing negligence on the part of a medical provider is typically not easy. A medical malpractice lawyer will likely need to hire various expert witnesses who are willing to testify against what the defendant should have done but failed to do so. Furthermore, the alleged medical provider is the same person who completes the medical reports that often form the basis of the claim or lawsuit. It is possible that these reports are altered or framed in order to protect the negligent party.
Most states understand these complexities and allow a medical malpractice lawyer to invoke a special legal doctrine called The “Res Ipsa” doctrine. This essentially means that the patient, or their lawyer, only needs to show that a certain outcome occurred which would not have occurred without the medical professional acting negligently. When a medical malpractice lawyer uses this doctrine, it will be up to the defendant to prove that he or she wasn’t negligent.
A Salt Lake City, UT Medical Malpractice Lawyer on Your Side
There are only a limited number of ways a lawyer can prove malpractice. By choosing the right firm, you can feel confident in knowing your case will be in good hands. To talk with a medical negligence lawyer Salt Lake City UT clients recommend about your case and whether or not you should proceed, please call Rasmussen & Miner today.