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Medical MalpracticeHow to Pursue A Medical Malpractice Case

May 18, 2021

If you have been getting medical treatment and your healthcare provider failed to provide care according to the established standard of care, the healthcare provider may be held liable for injuries you suffered because of the deviation from the standard of care. This blog discusses the aspects of a successful medical malpractice case. 

Medical Malpractice Attorneys In Nebraska, Iowa, and South Dakota 

Although healthcare mistakes happen, they may be the result of negligence on the part of doctors, surgeons, nurses, and other medical professionals who failed to meet the standard of care while providing you medical treatment.

Our president, Attorney John F. Carroll, is a licensed registered nurse, a military veteran, and an experienced lawyer. He works exclusively in medical malpractice law and is skilled at explaining complex medical issues in a way that both clients and juries understand. John and the Watson & Carroll, P.C., L.L.O team can help you, too. Call 402-991-2100 or fill out our confidential contact form to share your story. 

Proving A Successful Medical Malpractice Claim

If you believe you have been the victim of medical malpractice, you must prove a case for negligence. To prove negligence, you must prove it is more likely than not that each of the four elements of negligence happened. 

The four elements of negligence are: 

  • Duty; 
  • Breach; 
  • Causation; and 
  • Damages. 

When medical malpractice is concerned, the “standard of care” is a term that describes the duty that a healthcare provider owes the patient. To fulfill the duty of acting within the standard of care, the provider must have acted as any healthcare provider of ordinary skill and experience would have acted in similar circumstances.

After having identified the standard of care with an expert witness, you must show that the healthcare provider did not follow the standard of care. This is the breach of duty. You will then show that because of that breach of the standard of care it caused you, the patient, to be injured. A part of this causation is proving that it was foreseeable for you to be injured in this way because of the provider’s breach of the standard of care. 

Lastly, it must be shown that damages resulted. You must show actual damages, such as the physical injury, whether that injury is temporary or permanent, and whether there is partial or total disability caused by the breach. Economic damages and non-economic damages both come into play. Economic damages are easily determined, such as the loss of earnings, loss of benefits, and the costs of past and future medical care. Non-economic damages include loss of enjoyment of life, loss of the ability to participate in extracurricular activities or hobbies, pain and suffering, and mental anguish. 

Expert Witnesses

In addition to providing medical records and other evidence, expert witnesses are needed for a successful claim. The expert must give an opinion as to what would be the applicable standard of care in a similar situation and if the healthcare provider in question had a duty to act within the standard of care and that duty was breached. The expert witness will then need to confirm that the healthcare provider’s breach of duty caused your injuries and damages. 

Sometimes expert witnesses are also used to prove damages. A life care planner may be used to prove future medical needs. An economist may be used to prove loss of earning capacity and loss of employment benefits. 

Get The Help You Need And Deserve 

Watson and Carroll helps individuals who have been injured. John F. Carroll is a licensed registered nurse and a medical malpractice attorney on our team who practices in Nebraska, Iowa, and South Dakota. If you believe you were injured because of medical malpractice, contact our office to share your story with our Intake Coordinator. 

About Watson & Carroll 

Watson & Carroll, P.C., L.L.O., is not a high-volume law firm that only speaks with clients when it is absolutely necessary. For us, it’s personal. Our team works closely with our clients and their loved ones – not only so that we understand their challenges and concerns, but so we can tailor our approach to address those factors, aggressively pursue results, and secure peace of mind. Whether it is a workers’ compensation case, a personal injury claim, a medical malpractice case, or advocating for disability benefits, we work to protect our clients and make sure their rights are upheld. 

Our firm can help. Call 402-991-2100 or email contact@watsoncarroll.com. You also can fill out our confidential contact form

Nebraska, Iowa, and South Dakota

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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