Some of the most devastating injuries that a person may ever endure in their lives can be the result of medical malpractice. However, unlike other common sources of personal injuries such as car accidents or slips and falls, a medical professional may cause harm by failing to act or even without placing their hands on a patient. Every medical practitioner in Eureka has a professional and legal duty to provide adequate care to their patients. This means taking all appropriate steps to treat present conditions and ordering tests to discover any underlying problems. Failure to perform these tasks may indicate medical negligence.
If you believe that a doctor, nurse, dentist, or hospital error has contributed to your health problems, a Eureka medical malpractice lawyer could be a valuable ally. Our dedicated personal injury attorneys could help explain the complex laws surrounding medical negligence claims, connect you to a qualified medical expert, and pursue your claim for compressive financial recovery.
What Does it Mean for a Medical Provider to Commit Malpractice?
The practice of medicine is an inexact science. Not every patient who visits a doctor’s office or hospital can expect to make a full recovery or even to receive a beneficial result. However, this does not mean that medical providers do not need to try their hardest to work towards a positive outcome.
In fact, the law in Eureka and the rest of the state of Missouri requires them to do so. According to state law, all medical providers must practice their craft with a reasonable level of skill and care. This means acting as a reasonably competent peer would under the same or similar circumstances when providing treatment to a specific patient. An experienced Eureka attorney could assist plaintiffs by providing more information on how the law defines medical malpractice and reviewing the specifics of their case to determine if they should pursue legal action.
How Can a Plaintiff Prove that Malpractice Occurred?
As stated above, all medical professionals have a duty to provide competent care. However, there is a difference between medical malpractice and a negative result that no competent doctor could have prevented. This difference is the essence of medical malpractice cases.
In some instances, the negligent behavior is fairly obvious. A classic example includes a surgeon who leaves a tool inside a patient after a procedure. However, most cases are far more complex. They may require an analysis of medical records, an interpretation of the outcome of tests, and an evaluation of the timeline of treatment.
As a result, all medical malpractice cases in Eureka must rely on the testimony of a qualified expert witness. These witnesses are uniquely qualified to evaluate and critique the decisions and actions of their fellow practitioners. Ideally, a medical expert will be able to examine the records in the case, issue a report as to how those records indicate malpractice, and provide their opinion in court on behalf of a plaintiff.
Indeed, an expert’s opinion is not just vital to success in court; the law requires it. Missouri Statute 538.225 says that plaintiffs cannot even file a complaint in court unless that complaint includes an affidavit indicating that an expert has reviewed the case and there is a good faith reason to believe that malpractice has occurred. A well-practiced medical negligence lawyer in Eureka could assist plaintiffs in locating and working with these necessary expert witnesses.
Contact a Eureka Medical Malpractice Attorney as Soon as Possible
The effects of medical malpractice can be devastating. A failure to diagnose a condition, an inability to properly read test results, or a failed surgery can all result in severe health problems. Additionally, many of these conditions affect not just your physical health but also your emotional wellbeing and finances.
A medical malpractice claim may serve to hold a negligent medical provider responsible for their actions. These claims must prove that the provider’s care fell below the acceptable standard of competence in the medical community. A qualified medical expert witness is the only person who can prove this case in court, and a Eureka medical malpractice lawyer could help connect you with these professionals. The outcome of a medical negligence case could affect your life for years to come; don’t take any unnecessary risks. Contact a skilled attorney at our firm today to learn more.