Medical malpractice lawsuits involve two areas of expertise: law and medicine. The cases are inherently complex and require the attention and skill of a lawyer, like Todd Drayton, who is well-versed in both disciplines.
What is medical malpractice? Medical malpractice occurs when a hospital, doctor or other health care professional provides medical care that falls beneath acceptable standards of practice. In other words, the medical provider, through a negligent act or failure to act, causes an injury to a patient. The negligence could be the result of errors in diagnosis, treatment, aftercare or healthcare management.
For example, a doctor would be negligent and thus breach accepted standards of care if he or she removed the incorrect organ during surgery, or inadvertently left a surgical tool inside of the patient’s body. If the alleged victim of malpractice can demonstrate that the medical provider’s negligence caused or was a substantial contributor to the victim’s injuries, then the victim may be entitled to various damages (i.e. monetary awards compensating the victim for medical expenses, lost earnings, physical and mental pain and suffering and even death).
What does it mean to breach or fall below the standard of care? In short, the law acknowledges that there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is what is meant by the standard of care. In other words, the standard of care is essentially that basic level of care which is provided in the medical community by other professionals who practice in the same specialty as the defendant. Obviously, a patient has the right to expect that health care professionals will deliver care that is consistent with these recognized standards. If it is determined that the standard of care has not been met (or breached), then a claim for negligence (or substandard care) may be established.
Note, however, that in order for a medical malpractice claim to be valid, it is not sufficient that a health care professional merely violated the standard of care (i.e. did not meet the acceptable level of practice in his or her field). The patient must also prove he or she sustained an injury that would not have occurred but for the healthcare provider’s negligence. It is here where most malpractice cases are either won or lost. Most do not understand that an unfavorable treatment outcome is not, by itself, evidence of malpractice. Indeed, a physician, for example, could do everything right and still have a poor treatment outcome. For a malpractice matter to be successful, a patient must prove that the negligence actually caused or substantially contributed to his or her injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.
Lastly, the injury must result in significant damages, not trivial or inconsequential damages. Medical malpractice lawsuits are extremely expensive to litigate, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. Therefore, as a practical matter, in order for a case to be truly viable, a victim of malpractice must be able show that he or she suffered significant damages. The victim must be able to establish that the injury resulted in significant disability, loss of income, severe pain and suffering, further injury or life-threatening illness which could have been avoided had timely intervention and therapeutics been recommended, and/or or significant past and future medical bills. It is unfortunate, but it is the reality of malpractice that if the damages are small, the cost of pursuing the case will be greater than the eventual recovery. Most firms will elect not to pursue such a case since, in the end, meaningful relief to the injured party simply cannot be obtained.
For the foregoing reasons, medical malpractice is regarded as a tremendously difficult area of law, one which to a large degree favors the defendant healthcare provider. Medical malpractice lawsuits actually intertwine two areas of expertise: law and medicine. These cases are inherently complex and require the attention and skill of a lawyer who is well-versed in both areas. Defendant doctors, nurses and various other medical providers tend to have an edge when it comes to mastering the subject matter of the suit, particularly since their expertise and years of training has been in the field of medicine.
When selecting a firm to represent you in a medical malpractice matter, you should choose an attorney who has a firm understanding of various medical conditions; can navigate complex medical records; has relationships with many experts, who can consult on the matter and properly vet the potential case; and can anticipate the legal strategies and defenses the defendant-medical providers and their lawyers. You also need a law firm with the resources to take on major healthcare facilities and the insurance companies behind them.
The Law Office of Todd Drayton is well-versed in thoroughly evaluating cases to ferret out potentially viable instances of malpractice, and we have a track record of achieving favorable results for our clients. Our founder, Todd Drayton, understands how to build the strongest case possible for our clients, and he possesses the experience and skill to anticipate and preempt many of the defense tactics. Our firm’s resources allow Mr. Drayton to take on virtually any case and bring it to a successful resolution. If you would like us to review your potential case, contact us today for a free, no-obligation case evaluation. Our firm is wholly dedicated to helping those who have been injured through the negligence of others. With zeal, experience, commitment and a long tradition of excellence in providing top notch legal representation for the injured, the Law Office of Todd Drayton will fight to secure a just resolution on your behalf.