Wrongful Death or Negligence May Result From Malpractice, Instead of Nursing Home Negligence
The case of wrongful death or injury of elderly residents could be the result of malpractice, instead of negligence or abuse. Experienced attorneys have learned how to evaluate, gather facts and apply the law in establishing blame, should any exist. Below are common factors of medical malpractice in nursing home cases. Contact the Strom Law Firm to find specific answers to your questions. (888-490-2847).
The nursing home is claiming that it is the doctor’s fault. What is a physician’s standard of care and how do I prove medical malpractice?
In a suit against a physician, medical malpractice most commonly occurs under the following circumstances:
- The physician delayed diagnosis of a medical condition, or failed to diagnosis the patient’s medical condition altogether;
- The physician properly made the correct diagnosis, and then failed to properly treat the medical condition properly;
- The physician failed to perform a surgical procedure properly; or
- The physician fails to obtain the informed consent of the patient before performing a procedure or operation.
What types of cases are typically brought against health care professionals and hospitals for elder injury or death?
Health care professionals and hospitals are responsible for compensating a patient injured as a result of medical malpractice. Medical malpractice suits arise under the following circumstances:
- Against a government agency that operated the hospital or provided specified medical care.
- Against a hospital for administering improper or overdoses of medication, negligent nursing care, inadequate sanitation, infection, or equipment failure.
- Against a physician, who in the general practice of medicine, deviated from the general accepted standards of practice in the community.
- Against a medical specialist who deviated from a nationally accepted standard of practice for specialists in that field of medicine.
Proving your Medical Malpractice Case
To prove a medical malpractice case, you must establish what a reasonable doctor should do to treat your medical condition and that your doctor was negligent by not following appropriate medical protocol for your condition.
The only way to prove what a reasonable doctor should do in the same situation is through the testimony of a highly qualified expert in that particular medical field. These experts usually come from well-regarded medical schools like Duke, Harvard, Emory, and Johns Hopkins and are expensive.
Typically, the attorney will advance the costs of these experts. Of course, the defendant will retain his or her own experts who may have differing opinions. A jury usually has to decide which expert is more credible in his or her explanation regarding whether the medical professional or physician being sued was negligent and committed malpractice.
Even after proving that the doctor or medical professional was negligent, a you must still establish damages in the form of lost earning potential and future medical costs. To prove these damages, the you will likely will need testimony from a vocational expert, economist, and a person specializing in developing life care plans.
To prove a nursing home malpractice case, you must establish what a reasonable medical professional, including nurse or CNA, should do under the same circumstances. The only way to prove what a reasonable medical professional should do in the same situation is through the testimony of a highly qualified expert in that particular medical field. Typically, the attorney will advance the costs of these experts. Of course, the defendant will retain his or her own experts who may have differing opinions. A jury usually has to decide which expert is more credible in his or her explanation regarding whether the medical professional or nursing home facility being sued was negligent and committed malpractice or was negligent.
The nursing home litigation attorneys at the Strom Law Firm, LLC want what is best for your loved one. We understand South Carolina law and what must be proven to establish a claim of nursing home abuse or neglect. Contact us today for a free consultation with one of our nursing home lawyers today.
