Whenever you visit a doctor, dentist, or another licensed health care professional, it is reasonable to expect that they will take every necessary step to work towards a positive outcome. Sadly, these professionals could make mistakes that result in severe injuries or even death. Local law holds medical providers to a certain standard, and failures to meet this standard mean that the health care worker is liable for any resulting damage.
A Clarkesville medical malpractice lawyer may be able to help you file for compensation for your losses. To do this, they must connect your injuries to a provider’s poor decisions. This could include botched procedures, failures to diagnose a condition, or the improper prescribing of medication. A personal injury attorney at Smith Hulsey is prepared to listen to your story and provide legal guidance.
It is easy to presume that any negative result from a doctor or hospital visit is medical negligence. However, medicine is an inexact science, and not every patient will have an optimal experience. The fact is that even a doctor taking every necessary precaution and following the correct protocols cannot guarantee a positive outcome for all patients.
The law recognizes this fact in establishing the standard of care that applies to health care injury cases. Practitioners have a duty to provide treatment to patients with a reasonable degree of care and skill. Neglect occurs when a professional fails to adhere to this standard.
A Clarkesville medical injury attorney could provide more information about this important legal concept. They could also perform a preliminary investigation into a person’s experiences to determine if it is worth pursuing the case further.
The question of whether malpractice has occurred is often a difficult one to answer. In most situations, only a qualified health care practitioner is able to accurately evaluate the actions of a fellow provider and form their opinion as to whether that person has failed to act within the standard of care. Because of this, state law requires all people pursuing these types of lawsuits to hire a qualified expert witness.
This expert can be a licensed medical professional and practice medicine in the same field as the defendant provider. This allows the expert to have a unique insight into the requirements of the branch of medicine and speak as to the failures of the defendant from a personal perspective. A qualified expert examines the records in the case to form an opinion as to how the error occurred and impacted the plaintiff. This report is often the key piece of evidence in a health care injury case.
However, it is essential that patients and their attorneys collect this information long before a case goes to court. Any complaint alleging medical carelessness must include an affidavit from an expert stating that there is a good faith reason to pursue the case. Because of this requirement, one of the first steps involved in any medical malpractice case is the hiring of this expert. A Clarkesville health care negligence attorney could take the lead in locating, hiring, and working with these essential allies.
Every medical provider in the state has an obligation under the law to provide competent care. This means taking every reasonable step to ensure a positive outcome for patients. Even so, many people have a negative result after visiting a provider. It is only when this result was due to a failure to follow the standards of care that a negligence case may be possible.
A Clarkesville medical malpractice lawyer wants to help you to stand up for your legal rights following an injury. They stand by your side to explain the relevant laws, gather essential evidence, and hire an expert to help prove your case. Give Smith Hulsey a call now to get started.
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