When you suffer an injury or come down with an illness, your first thoughts likely spring to getting to the hospital for medical attention. However, you may feel less certain about where to go if your hospital stay results in your becoming injured or ill. In these cases, you may find yourself wanting to turn toward a legal professional to address the issues, rather than a medical professional.
If you suspect that medical malpractice caused your additional health problems, you may want to know whether filing a legal claim could work in your best interests. In many cases, medical malpractice lawsuits can help individuals obtain much-needed compensation, but you must prove that your situation constitutes malpractice.
Once you establish a doctor/patient relationship, the medical professional has a duty to you to provide care and treatment. This relationship must exist before any basis for malpractice can form. Additionally, you must also prove that the doctor violated that duty by failing to adhere to the applicable standard of care.
Establishing standard of care
In order to prove that the medical professional breached the standard of care, the court must understand what standard applies. Therefore, another medical professional, with knowledge in the medical area that relates to your case, must present a testimony that describes the standard of care necessary for your situation.
The violation of duty must have also caused some sort of injury to you. You cannot claim malpractice simply because a doctor did not act in a manner you found fitting. Furthermore, a connection must exist which points to the doctor's violation of duty causing the injuries you suffered. For instance, if you become ill or injured due to your failure to heed warnings regarding any medication prescribed, the situation likely does not warrant a malpractice claim because the negative outcomes resulted from your actions.
Of course, if your doctor did not provide any warnings regarding potential adverse reactions to medications when he or she should have provided a warning, liability for your injuries may fall to that individual.
Filing a claim
In order to determine whether your situation constitutes malpractice, you may wish to speak with a professional knowledgeable in the area of this type of law. An experienced Arizona attorney can assess your case and provide information on your possible legal options. If successful, your lawsuit could allow you to gain compensation for the damages you suffered.