What is Medical Malpractice?
We all trust our doctors and hospitals to make us well and to keep us healthy. When doctors and hospitals violate our trust and harm us, or fail to provide us adequate health care, then we have the right to hold the doctor and hospital accountable for the harm they caused. This type of harm is known as medical malpractice.
Medical malpractice is a fancy phrase for medical negligence. Medical negligence is defined as a deviation from the standard of care that a health care provider should have provided.
To prove a medical negligence case, we are required to have a qualified doctor testify at trial that a breach of the standard of care occurred. This requirement is one of the biggest obstacles in any medical negligence case, and that's why it's important to have a skilled medical malpractice attorney representing your interests.
A Medical Malpractice Attorney Can Help
When you have been harmed by a healthcare provider, having a lawyer on your side can be essential to the success of your case. A medical malpractice attorney helps by doing the following:
Hiring of medical experts to provide analysis as well as testimony
Reviewing all medical records and insurance documentation for important details
Interviewing medical professionals, witnesses, and other relevant parties
Conducting medical research
Researching legal precedent for your case
Burden of Proof
Perhaps the biggest challenge in a medical malpractice case is proving “causation.” Many medical negligence cases involve the failure to timely diagnose the patient’s health condition which results in injury to the patient. It is not enough to prove that a mistake was made by a doctor; we also have the burden of proving the extent of the harm the negligence caused.
We're Up to the Challenge
Medical malpractice is a very expensive and demanding area of practice for lawyers. It requires the lawyer to have a “war chest” of resources and the commitment to fight and battle. At Tamaki Law, we have years of experience handling medical malpractice cases, and our team of lawyers would like to help you evaluate your case.