When you are sick or injured, you entrust your healthcare provider to make you feel better. When a physician does not treat you with a certain standard of care, however, this may result in devastating injuries and risks. There are many factors which go into determining Glastonbury medical malpractice liability, and with the help of a skilled attorney, you may able to hold your doctor responsible for your injuries.
If you were injured after treatment or a medical procedure, you might be entitled to compensation. One mistake from a doctor could lead to life-altering injuries and as a result, could lend to mounting medical bills for years to come. Contact a seasoned medical malpractice lawyer today.
How Does Liability Work in Medical Malpractice Cases?
Liability is a legal responsibility for one’s actions or omissions. In medical malpractice cases, doctors and other medical professionals could be sued if they violate the standard of care to which all healthcare providers are held. If a physician did something they should not have, such as they did a procedure improperly, did not run the necessary tests, or ignored possible different diagnoses, they could be liable.
A person bringing a medical malpractice case must use the opinion of a medical expert who is similarly situated. Once a comprehensive review is done, the medical expert may opine on the standard of care that was violated. At that point, a certificate of good faith may be filed, a lawsuit could be filed, discovery is conducted, and liability is determined by a jury. An experienced attorney could use this expert’s testimony to prove liability in a Glastonbury medical malpractice case.
To demonstrate liability in a misdiagnosis case, one has to understand what the doctor knew or should have known at the time. A plaintiff and their attorney may ask what tests were available, what symptoms the patient presented with, and what the patient said when they initially met with their doctor. If a physician misread a test, it can be grounds for a misdiagnosis claim.
Depending on the patient’s symptoms, there are certain procedures that a doctor should follow. With a procedural error, an attorney looks to see if there the medical professional followed the right procedure or followed one at all.
If there is a failure to prescribe or misprescribing medicine, that is a discretionary error. An attorney may determine if the health care professional did not apply and use their judgment properly. If a doctor incorrectly filled out a prescription, it could be considered medical malpractice.
Informed Consent in Medical Malpractice Claims
Informed consent works by a doctor letting their patient know about the risks before a treatment or procedure. Doctors try to protect themselves against failure-to-warn claims by cautioning their patients about potential harms resulting from the procedure. Each case is different and there are known risks with every procedure. If the harm goes far beyond those risks, one cannot consent to inadequate medical care or improper medical care, and therefore, could file a claim.
Common Misconceptions About Liability and Medical Malpractice Cases
One common misconception about liability and medical malpractice in Glastonbury cases is that if someone is hurt, they can bring a claim. Not every injury results in a medical malpractice case. There must be a deviation from the standard of care. If something did not go right with the procedure and a patient experienced something adverse, they can bring a claim. However, there is usually a narrow set of circumstances where a doctor may issue this opinion. It is also crucial for injured victims to understand that medical malpractice cases are extremely costly to bring because insurance companies vigorously fight them. A lawyer could clarify these misconceptions to individuals by explaining how liability in Glastonbury medical malpractice cases works.
Contact an Attorney to Determine a Doctor’s Liability in a Glastonbury Medical Malpractice Case
When a doctor deviates from a certain standard of care, they may be liable for any injuries that occur to their patients as a result. If you have been injured following medical treatment or surgery, you may have a claim for medical malpractice. There are many different points of view to look at when evaluating Glastonbury medical malpractice liability. This can be challenging to do without a skilled attorney on your side. Contact our office for a consultation on your medical malpractice case.