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Substandard care might be hard to prove in a malpractice case

Patients who seek medical care expect that they will get care that's up to current standards. Unfortunately, they don't always get this. Instead, they might receive substandard care that doesn't adequately address their issues. This leaves room for the patient to suffer grave harm.

It is often difficult to prove that you received substandard care because these cases usually require an expert witness who can testify as to what the acceptable standard of care would be in your case. This can be a challenge because the medical community is tight knit, so finding someone to testify might be hard.

Standard of care is also hard to prove because it isn't consistent from one case to the next. The doctor's training, the abilities of the facility and the factors present in your case are all factors that can change what's expected.

For example, you can't expect the same care for a brain injury from a family physician as you'd get from a neurologist. A cancer patient should expect to receive better care from an oncologist than they'd get from a general practitioner.

When you suffer harm because a medical professional provides substandard treatment, you might be able to launch a legal claim against them. This could help you to minimize the economic cost that you have to deal with. It might also include some noneconomic damages.

Typically, patients who suffer harm will need to receive additional medical care. They might also have to miss work. In these cases, those factors might have an impact on the damages they can claim when they seek compensation for medical malpractice.

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McGlynn, Glisson & Mouton
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