Every type of surgical operation carry’s risks and side effects. When you undergo a surgery you have a natural right to expect that you will be treated and cared for in the proper way, and by all medical professionals involved. However, what happens when something goes wrong? What if the doctor made an error that they should not have? In this case, you may have a medical malpractice claim and should ask a surgeon malpractice lawyer in Philadelphia, PA to review your case. Call Wieand Law Firm for a consultation now.
Why You May Need a Surgeon Malpractice Lawyer Philadelphia, PA
There are some sorts of legal cases in which you may be able to represent yourself. However, a medical malpractice claim is not one of them. While medical malpractice may be considered a type of personal injury, malpractice suits are typically much more complicated than car wrecks or slip-and-fall accidents. The legal intricacies involved require experience and access to expert resources. The average plaintiff possesses neither. If you believe you are the victim of malpractice, it is advisable to consult a medical malpractice lawyer Philadelphia, PA has to offer for further information.
What You Need To Prove
There are a number of important points you, or your surgeon malpractice lawyer in Philadelphia, PA on behalf of you, will need to prove to recover compensation for medical malpractice.
The Doctor’s Negligence
Sometimes, even despite a doctor’s best efforts, a patient’s condition worsens. It is generally not malpractice if the doctor performed up to the expected standard of care, but the patient’s outcome did not improve. On the other hand, if your surgeon malpractice lawyer in Philadelphia, PA can demonstrate an obvious mistake made by the doctor, such as leaving an object in you, pursuing a claim may be possible.
Injury/Harm to the Patient
There may be instances in which you can demonstrate that the doctor’s care was substandard. However, you may have been lucky enough to escape serious harm despite the doctor’s negligence. If this is the case, you might not have grounds to bring a medical malpractice suit.
Cause and Effect Relationship
To receive damages, you must be able to demonstrate that the injury you suffered happened as a result of the doctor’s negligence. This can be complicated because, if you were receiving medical treatment, there was likely something medically wrong with you in the first place. You need to be able to show that the harm would not have happened and/or the condition would not have worsened if the doctor had not been negligent.
How a Standard of Care Is Established
A standard of care is established by comparing the allegedly negligent doctor’s actions with those of ordinary health care professionals in the same field, with the same experience and training, and under the same circumstances. If the physician did less than what other doctors would have done in the same scenario, he or she may be negligent.
The most common way to establish a standard of care is with the testimony of an expert witness. In the field of medicine, this often means a physician involved in the same field as the defendant doctor with experience and training equal to or greater than his or hers. This expert will then have to examine your medical records to determine whether the doctor was negligent and you came to harm as a result. Expert witnesses often have a vital role to play in a medical malpractice suit. However, their services are expensive to engage. Rest assured, the surgeon malpractice lawyers in Philadelphia, PA, such as those from Wieand Law Firm, have the resources to hire the necessary expert witnesses for clients’ cases.
As a plaintiff, you almost certainly do not have the specialized knowledge required to perform the necessary analysis and present the required evidence. Additionally, you probably do not have the means to obtain the services of a medical expert. A Philadelphia, PA surgeon malpractice lawyer can help shoulder these burdens. Contact Wieand Law Firm today for more information.