When you file a medical malpractice claim, one thing to consider is how you are going to prove that the malpractice occurred. Many of these cases are based on a failure to meet the standard of care but even proving this can be complex. Before you embark on this process, you should try to understand some basic points about these cases.
Doctors can’t fix everything. There are some instances in which the outcome isn’t ideal, but there isn’t anything the medical professionals can do to change it. The issue comes in when there was something that could have been done but the doctor didn’t do it.
In order to understand standard of care, you have to realize that it isn’t the same in every case. It is based on the training and education of the doctor, as well as the information present in the case and the technology available. For example, there is a higher standard of care for treating cancer if the doctor is an oncologist who is working at a world-renowned cancer treatment center than what it would be if the doctor was a general practitioner at a small rural clinic.
Another factor that impacts these cases is whether the doctor had a duty to the patient. This happens when the doctor/patient relationship is established. So, your doctor has a duty to treat you. A doctor who is having dinner at a restaurant and sees a person having a heart attack would not have a legal duty to treat that person.
It is imperative that all information in a case is reviewed, so an appropriate decision about the direction of the case can be made. Once you know the options, you can do what you feel is in your best interests.