Every time a person goes to a hospital or doctor’s office, a significant amount of trust is placed in the abilities of a medical provider. That person’s health and future depend, in part, on the treatment recommended and methods used by the physician. It is unfortunate when medical errors negatively affect the well-being of the person seeking care. 

Medical malpractice cases are complicated. An injured victim must contend with complex medical issues, evidence that can be difficult to understand, and the intricate standards of care for doctors and nurses. At the same time, the deadlines and case-building challenges of a legal matter must be dealt with. Presenting evidence in a convincing manner to a judge or jury requires not only the ability to gather facts in a timely manner. 

How Is Medical Malpractice Determined?

When a medical professional fails to provide treatment that meets the accepted standard of care and causes harm to a patient, that is medical malpractice. This is not an overly difficult concept to understand, but it is crucial to keep in mind that not every bad result for a patient counts as medical malpractice. 

This is why working with an experienced medical malpractice attorney is important. Investigating the circumstances of a potential claim can save both time and money in the long run. A thorough review of medical records and a discussion with potential expert witnesses can help determine if negligence is likely to have occurred

Proceeding into a medical malpractice case without all available information in front of you is a mistake. Instead, individuals injured in a medical setting should speak with an experienced West Virginia medical malpractice lawyer. Allow an attorney who has successfully represented injured victims to potentially prepare a case and present evidence before a judge or jury.

What Are the Four Elements of a Successful Medical Malpractice Case?

Regardless of the specifics of a medical malpractice case, the core four elements of a claim center around the following topics: 

1. Duty of Care: Was a medical provider-patient relationship established between the doctor/nurse and the injured patient? This is not typically a difficult relationship to find facts to support. If an injured or ill person goes to an emergency room, for example, and receives care, then it is likely that a duty of care exists on the part of the medical provider. 
2. Breach of Duty: The question must be answered in the affirmative: Did the medical provider’s level of care fall below the accepted medical standard for that area of medicine? 
3. Causation: Of all four criteria that must be established, causation is the most challenging. This requires an individual to prove that the medical error was a direct cause of the harm suffered. In many cases, proving causation requires consulting a medical expert. 
4. Damages: Lastly, there must have been a measurable harm suffered by the individual. Damages come in two different varieties: economic and non-economic. Economic damages are those that are measurable in terms of dollars- medical bills and lost wages, for example. Non-economic damages are those losses which are more difficult to measure in dollars but are impactful, nonetheless. Pain and suffering as well as emotional distress are examples of non-economic damages. 

Why are Medical Malpractice Cases Challenging?

When an individual suffers an injury at a hospital or doctor’s office, it may seem obvious to them that it was an act of medical malpractice. However, there are a range of considerations that will go a long way towards determining the likelihood of a medical malpractice case being successfully proven:

• Medical experts are necessary. Given the circumstances of a medical malpractice case, a doctor may need to testify about what the accepted standard of care is for that area of medicine. Additionally, the doctor can review medical records and offer opinions as to whether a deviation from that standard of care occurred. 
• Medical malpractice cases are complex. First, the medical evidence consists largely of medical records. These are documents which are difficult for a person who has no training in medicine to understand. A challenge is that an attorney must, often with the help of an expert witness, break down the medical records into bite-sized pieces that a judge or jury can understand. 
• The Defense will be ready. A hospital, clinic, doctor, or other medical provider will be ready to defend their role in the alleged act of medical malpractice. Well-funded and experienced, these defense attorneys know how to poke holes in even the strongest medical malpractice claim. 
• Proving causation can be difficult. As discussed earlier, proving that the error made by the medical provider was the cause of the harm suffered by the patient is not easy. A mistake made by an emergency room doctor, for instance, may be obvious to an onlooker. However, if the harm would have been suffered anyway by the patient, then a medical malpractice claim will not be successful.

What is the Benefit of Hiring a Medical Malpractice Lawyer?

Representation matters when it comes to alleging medical malpractice against a doctor, clinic, or hospital. The cases are complex, medical records are difficult to decipher, and the medical providers are too well funded for an injury victim to fight for their rights alone. 

Attorneys who focus their law practice on medical malpractice subjects can help a judge or jury better understand the facts and circumstances regarding causation and damages. Having relationships with the best expert witnesses adds a layer of focused advocacy that most non-attorneys do not have access to. 

Finally, an experienced medical malpractice lawyer knows how to present a case based around damages. Not only should an injured victim be prepared to show that damages were suffered in the past, but that there are damages likely to be incurred in the future. A firm grasp on prior damages while maintaining an eye on the future is what a skilled medical malpractice lawyer brings to a case. 

Contact Crim Law, PLLC for a free case review

Please contact Crim Law, PLLC today for a free case review. Our team of experienced West Virginia medical malpractice lawyers serves injured victims with great pride. We fight for the rights of our clients.