In a medical malpractice case, just as in most other personal injury claims,
it’s crucial to prove that the doctor, nurse, or other medical professional
was acting negligently. However, negligence in a hospital is more than
simply making a mistake. Instead, you must prove that the health care
worker violated the medical standard of care.
Defining the Standard of Care
Medical malpractice is essentially when a health care professional fails
to act in the same way that a normal, similarly trained professional would
act, and their actions lead to injuries. This way that an ordinarily prudent
professional would act given similar circumstances is considered the standard
of care. Essentially, you must ask “did your doctor act the same
way that a similarly trained doctor would act in the same situation?”
It’s critical to consider the training and experience of the medical
professional, as well the unique medical circumstances. This is partially
due to the fact that specialists are generally held to a higher standard
of care than standard doctors.
How Do You Establish This Standard?
Your Oregon medical malpractice lawyer will need to rely on one or more
expert witnesses to establish the medical standard of care. The expert
will first define what they feel is the standard of care, given your unique
situation. They will then testify as to how the treatment you received
was below this standard, and then they must testify as to how your injuries
were the result of the subpar care.
Again, the skill and training of the expert matters. If your medical malpractice
claim is against a neurological specialist, then expert testimony from
a general practitioner will probably not serve you well in court.
Mistakes Aren’t Always Medical Malpractice
Many people mistakenly believe that any mistake made by a doctor, nurse,
or other health care worker is automatically medical malpractice. In reality,
medical malpractice only occurs when the doctor fails to act according
to the medical standard of care, and their actions lead to serious injury
or illness. If you believe that you are the victim of medical malpractice,
call Patrick L. Block, PC immediately for dedicated representation.
Don’t let a doctor’s negligence cost you more than it already
has. Call our firm at (503) 616-5441 to pursue justice.