Most of the time, people obtain good medical care with minimal problems. Like anything in life, however, there are times when things go wrong. When this occurs, it’s a good idea to seek out a Personal Injury Lawyer in Murfreesboro TN to evaluate whether or not an incident qualifies as medical malpractice.
Medical Malpractice Explained
Just because a person is not satisfied with the care he or she received from a medical professional doesn’t automatically mean that provider is guilty of malpractice. To be considered medical malpractice, two essential elements must be true: there was a doctor-patient relationship, and the standard of care provided by the healthcare professional did not meet the medical standard of care.
Establishing a Doctor-Patient Relationship
Part of establishing negligence is proving one person had a duty of care to another person, i.e. the healthcare professional had a duty to provide help the plaintiff. One way to prove this is to establish the medical professional was hired by the plaintiff. For instance, a person asks a doctor to treat him or her for a disease, and the doctor agrees.
Another way to establish a doctor-patient relationship is to show the healthcare professional was required to provide care as a normal part of his or her duties. For instance, a person goes to the emergency room for assistance. The medical professional is typically obligated to provide care in this situation.
Medical Standard of Care
Medical professionals aren’t required to provide perfect care. However, they must provide the same level of care that a reasonably skillful and cautious professional in the same field would provide. For instance, a surgeon who leaves surgical tools in a patient would be guilty of medical malpractice because a reasonably skillful doctor would not do that.
Typically, proving a medical professional did not meet the medical standard of care requires hiring another professional in the same field to testify about how the healthcare provider deviated from what is considered acceptable care.
Determining if an incident constitutes medical malpractice claim can be complex, so it’s best to consult with a Personal Injury Lawyer in Murfreesboro TN for assistance evaluating the facts of the case. For more information about suing for medical malpractice, Click Here to visit the website of the Law Office of Gritton & Gritton PLLC.
