Liability in a medical-malpractice case can be extremely complicated, and mistakes by a physician alone do not render them liable for damages. Liability has to be established by an expert physician stating that the treating physician was negligent and deviated from the standard of care. There are many nuances in a medical malpractice case, and it can be extremely difficult to recover without legal help.
A seasoned medical malpractice attorney could help prove your case by working closely with an expert physician to lay out the case properly. It can be complicated explaining to a judge or jury how the physician was negligent, so an expert who can explain medical malpractice issues in simple terms, in layman’s terms, is extremely important. Speak to an experienced attorney to learn about liability in Pascagoula medical malpractice cases.
Misdiagnosis is fairly common in medical malpractice cases, and the complexity of misdiagnosis is such that sometimes people will come into the hospital or physician’s office with symptoms that present as one diagnosis, but may be masking a different disease or injury. Physicians will commonly defend themselves by stating that their medical training provided that if certain symptoms presented in a certain way, that the diagnosis was specific condition. These are very complex issues and an expert who testifies against physicians, or will testify against a physician, is extremely helpful to determine whether the conduct was negligence.
Consent forms are commonly used by physicians, but they tend not to mean much at trial for many cases. A consent form is simply a form that states that the patient is knowledgeable of the complications or dangers of a procedure. Consent forms are standard forms with boilerplate language that are issued by the medical provider and list virtually anything and everything that could happen by allowing the medical provider to render treatment or perform surgery. Most patients rarely read consent forms, but the forms will be used as a defense to a medical malpractice case.
While the physician will want to bring up all the issues that were discussed in a consent form, rarely does the physician or their staff actually sit down and go over the consent form in any meaningful detail. The conversation the doctor has with the patient is the most important evidence of how the risks were explained. Although the physician will try to state that they explained the risk and that the patient was aware of the risk, as a practical matter, judges and juries know that these are standard forms and in the course of the trial, while a consent form is certainly used as a defense, consent forms tend not to make or break the case.
If a physician and the medical provider explain the risks of a certain procedure or risks of undergoing certain types of treatment, the patient should understand them. If the physician or medical provider deviates from standard medical care or encourages the patient to undergo a treatment that may be very risky, however, then the medical provider can still be held liable for their actions.
Procedural errors occur when the physician deviates from the standard procedure for a particular operation or condition, and if a person is injured as a result, the physician can be held liable for that deviation. Prescription errors occur due to pharmacies sending out the wrong drug prescribed, but there are also cases in which the physician prescribes the wrong medication.
The most common misconception about medical malpractice liability is many people think physicians do not make mistakes and are always acting in their best interest. Individuals will be more likely to believe the physician if they like their physician. If a medical professional makes a serious mistake that causes someone unnecessary harm, the physician could be held liable for damages. It is best to seek help from a seasoned legal advocate who has experience with medical malpractice cases. A skilled lawyer could help you understand liability in Pascagoula medical malpractice cases as well as help you seek the compensation you need. Call today to schedule a consultation.