Are Standard of Care Violations an Instant Win for Medical Malpractice Cases?

Medical Malpractice Lawyer

Medical malpractice lawsuits are complicated. There are protections in place to keep doctors from being sued. After all, doctors and medical staff do make mistakes. This is not necessarily medical malpractice, however. Medical malpractice requires a breach of the standard of care. Here is what you need to know about medical malpractice and what it takes to win your case.

Did Your Doctor Violate Your Standard of Care?

The first question that you are probably going to ask is what is the standard of care? What does this mean? Health care providers and staff members all have to uphold a certain standard when they are treating patients. They have to protect their patients from any known risks and also provide the best quality care that they are capable of. When it comes to the medical profession, every patient is different. Hence, there may always be a different standard of care.

Due to this, to prove malpractice, you have to look at the situation at hand. Circumstances are very important in these types of cases. To prove malpractice, you would have to prove that most doctors, in the same circumstances would have acted differently than your doctor. They would have provided a different standard of care. Once you do this, the work is not done yet. This is only the beginning of a medical malpractice case.

What Do You Have to Prove?

If you want to win your lawsuit, then you have to prove a few different elements. To prove that the doctor acted outside of the standard of care is only the first step. Next, you have to prove that he or she had that duty of care to you. If you can prove both of those things, then you have to prove that you were injured because of it. If a doctor does not uphold quality care but you do not suffer because of it, then you do not have a case. Your injuries have to be physical, financial or they have to be emotional.

If you were injured at the mistakes of your doctor and you believe that he or she did not uphold the standard of care, then you may have a medical malpractice lawsuit. Since these cases tend to be more complicated, it is important that you have a medical malpractice lawyer to help you through the ins and outs of the case. Consult with a medical malpractice lawyer in Salt Lake City, UT today for more information on medical malpractice and how to win a case.

Thanks to Rasmussen & Miner for their insight into medical malpractice and standard of care violations.