Were you in a situation where a medical professional harmed you? If so, you might have a valid medical malpractice case. Before you move forward with hiring an attorney to assist you with your case, it is important to know the following two things that will validate your case.
The Medical Professional Must Have Been Negligent or Reckless
The most important thing to be aware of is that accidents can happen in the medical field. Surgeries can go wrong due to unexpected circumstances, or medicines can cause side effects that have a low chance of occurring. While the outcomes in these situations are not ideal, they don't always mean you have a valid lawsuit on your hands.
If your doctor performed the procedure by the books to make sure there was a good outcome, you won't have a solid case on your hands. There are protocols in place for medical procedures, and as long as the doctor did what they are supposed to do, you won't be able to sue them for damages.
Justification for a medical malpractice lawsuit can only be made if the medical professional was acting negligent or reckless. While this can be hard to prove, a lawyer can help you gather the evidence you need to backup your claim in court.
Your Injury Must Be Perceptible
If you are a victim of medical malpractice, be aware that you must have an injury that is perceptible. For example, having an accident during a surgery that leaves you with a clear physical injury that is easy for others to identify. However, other injuries can be very difficult to prove. Many victims are looking for compensation due to stress that they were put through by a doctor or from receiving an incorrect diagnoses that resulted in making a complication worse by the time it was caught.
Sometimes victims want to file a medical malpractice suit due to the way they were treated by their doctor. The doctor may not have been caring with them, too rough during a surgical procedure, or not have good bedside manner. All of these things do not leave injuries that are perceptible to others, which is why your medical malpractice case will be denied.
When you have doubts about if you have a valid case on your hands, work with a lawyer for assistance. They will let you know if it is worth pursuing in court or if you should drop the case.
For more information, talk to companies like Wolfe Jones Wolfe Hancock Daniel & South LLC.