There’s no doubt that the medical profession is a difficult one. Diagnosing and treating patients is complex due to the wealth of factors in play. Many times the correct course of action isn’t obvious until after a call has been made. When this happens, doctors need to rely on their years of experience and best medical judgement.
Of course, this begs the question of what happens when a doctor’s judgement call proves to be detrimental to the patient? This question is at the heart of many medical malpractice case rulings. Unfortunately, countless patients expecting compensation from this type of lawsuit wind up disappointed with the result. The problem is that too many people don’t understand the legal difference between medical malpractice and a doctor’s error in judgement.
The Reality of Medical Malpractice Lawsuits
“Under the law physicians are permitted a broad range of judgment in their professional duties and physicians are not liable for errors of judgment unless it’s proven that an error of judgment was the result of negligence.”
The law clearly states that doctors aren’t to be held responsible for an error in judgement except when their decision stemmed from negligence. The reality of these cases is that it’s difficult to prove that negligence affected your doctor’s judgement. After all, only another medical professional could really tell whether your doctor’s actions were reasonable given your specific circumstances.
The bottom line is, an individual experiencing suffering as a result of a medical procedure does not guarantee negligence. This can be a difficult truth for patients who feel they are victims of medical malpractice. Before you decide to file a malpractice claim against your doctor it’s best to make sure you have a legitimate case. It’s a good idea to seek advice from your local medical malpractice attorney in Buffalo NY.
Why You Need The Best Medical Malpractice Lawyers Near You
Some physicians may use the “judgement call defense” as a cover all excuse when they’re hit with a malpractice lawsuit. Victims of medical negligence should be aware of this and need to work with malpractice attorneys who know how to navigate these complex cases. Your team of lawyers should know how to locate proof that negligence influenced your doctor’s decisions in some way.
What You Should Expect From Your Medical Malpractice Attorneys
During the course of your medical malpractice lawsuit, your attorney will focus on three critical areas. First, proving your injuries were the direct result of your surgery or treatment. Second, were there alternative courses of treatment available that could avoided your injury altogether? Third (and most importantly), proving that the actions taken by your doctor were in violation of an acceptable standard of medical care; i.e. negligent.