Physicians in the United States take the Hippocratic Oath and swear to do no harm. However, doctors are not infallible, and many patients suffer bodily injury during medical procedures or treatment performed by licensed doctors. Sometimes, these injuries are due to mistakes that any human could make. However, if a doctor was negligent, the patient might have a claim for medical malpractice.
If you or a loved one has suffered personal injury due to medical malpractice, the lawyers at O’Keeffe O’Brien Lyson Attorneys can represent you throughout every phase of your case. Every patient deserves the right to hold physicians liable for harm caused by negligent acts.
What Is Medical Malpractice?
Events related to medical malpractice are not always shocking or extreme. Medical malpractice constitutes any injury aggravated or caused by a medical professional’s negligence. Doctors are expected to adhere to a standard of care, and when they fail to do so, it can constitute negligence.
All fields of medicine and licensed physicians are potential sources of medical malpractice claims. Some fields are more likely to produce medical malpractice claims, including the following:
- Orthopedics
- Neurosurgery
- Emergency care
- Gynecology and obstetrics
- Anesthesiology
- Pharmacy
- Inpatient hospital
Hospitals, medical corporations, and health care clinics can all be liable for personal injuries suffered by medical patients due to negligence. If you believe any type of doctor caused you preventable injuries, speak with our legal team right away.
How Do Lawyers Prove Negligence?
Medical malpractice cases can be complex and daunting. Proving negligence in medical cases is not a simple task, and experienced medical malpractice attorneys have the experience and knowledge necessary to prove the negligence and the compensation you deserve from medical professionals.
Medical malpractice attorneys must prove that the physician had a duty of care to treat the patient in a manner that would be reasonable under similar circumstances. An attorney must then prove that a physician breached this duty of care by treating the patient in a manner that fell below the standard of care. This often requires an assessment by medical experts regarding the doctor’s specific conduct or omissions.
After satisfying the first two elements, a lawyer must demonstrate that the negligent medical treatment was the direct and proximate cause of the patient’s injuries. Lastly, the lawyer must prove that the injured victim suffered damages due to the negligent medical treatment performed by the physician.
What Will a Medical Malpractice Lawyer Do in My Case?
Medical malpractice attorneys will conduct extensive factual analysis regarding your legal claims. They will evaluate whether you have a malpractice claim and suggest the best course of action for your case.
Your lawyer can perform the following actions when taking on a new case, as needed:
- Schedule injured victims to undergo independent medical examinations to analyze the injuries they suffered
- Consult medical experts and other professionals to ascertain possible causes of the victim’s injuries
- Request, collect, and analyze medical records to determine the scope of the injured victim’s medical treatment
- Depose medical experts, the injured victim, and other witnesses
Trying to fight against these parties alone can be intimidating, but you do not have to accept the story told to you by the doctors or their insurance companies. You need experienced legal professionals to make sure that you hold every liable party accountable for their negligent acts.
A Fargo Medical Malpractice Lawyer Can Help
Contact one of our experienced personal injury attorneys, Tatum O’Brien, Tim O’Keeffe, or Sara Monson by email, or call O’Keeffe O’Brien Lyson Attorneys at 701-235-8000 or toll-free 877-235-8002. We can help seek any compensation you deserve after a medical injury.