Liability is the major issue when someone is injured due to a health care professional in a medical malpractice case. Liability in a medical malpractice case is based on the standard of care. To prove liability, an attorney needs to establish negligence in a medical malpractice claim, such as duty, causation, breach, and damages. A physician’s medical decisions will be evaluated by an expert to determine whether a reasonable doctor would have made the same decision or prognosis. If a reasonable physician with the information and the medical records had the ability to evaluate and document evidence in a clinical setting, and that reasonable physician should have made the diagnosis, then malpractice has occurred. A knowledgeable attorney at Becker Law can help you prove your case.
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Negligence can be attributed to the patient if they experienced symptoms that were listed on forms they signed that they failed to read before signing based on the standard of care. In most instances, the standard of care requires more than giving someone five pages of forms to sign without adequately going over it. Physicians are required, specifically when they are going to be doing a medical procedure that has risks associated with it, to make sure that their patients are going into it with a complete understanding of what is going to happen. If that did not transpire, then there is the possibility of negligence.
Signing a consent form can greatly affect a person’s medical malpractice case. Consenting to medical treatment could affect the case by limiting the damages they can recover against the doctor.
If the patient consents to the procedure and acknowledges known associated risks, they cannot be prevented from filing a claim when the scope of the damage goes beyond reasonable expectations. If the scope of the damage goes beyond what a reasonable person would have expected based on the consent that was obtained, they are not barred from recovery.
Doctors and other medical professionals can still be sued if their patients signed the consent to a procedure form if it goes beyond what was reasonably foreseeable for the average patient. Also, if it is an unrelated injury, gross negligence, or gross deviation from the standard of care, then recovery could still be possible when somebody signs a consent form.
Additionally, to prove liability, it must be determined whether the doctor was an employee or agent of the health care facility. If the act of negligence occurred at a hospital and it was with an independent doctor, then the lawyer will sue the physician group that the doctor worked for as well as the hospital. However, if all actors involved are employees and agents of the hospital, then more likely than not, the hospital is going to be the only entity that is sued.
If the doctor goes over everything with the patient, that can be proven through the patient’s testimony, which is evidence. In those cases, a lawyer will interview the client to see if they can remember what the doctor went over. The testimony of other witnesses can also be used, so if they brought a family member in with them to that appointment, they can see whether the family member recalls it happening.
The deposition of the doctor is also important. There are other potential witnesses who may have knowledge as to whether a patient was adequately informed. Speak to a seasoned attorney to learn about how the use of testimony can impact an individual’s medical malpractice case.
Liability can be complicated when it comes to medical malpractice. There are times when it is difficult to prove that someone’s injuries were caused by the medical provider. If they have multiple medical providers offering services and providing services to an individual, it can sometimes be complicated to identify the specific entity that caused the injuries or entities that were a substantial factor in causing those injuries. In these types of situations, it is best to retain the services of an experienced medical malpractice attorney at Becker Law.
Our dedicated team will help you understand liability in Louisville medical malpractice cases and those who may be held responsible for damages. Reach out today to discuss your case.
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