Wayne Medical Malpractice Lawyer Case Of The Botched Epidural
Continued from my last post about a Wayne medical malpractice lawyer case. Diane, 43, claimed that a botched epidural pain-relief injection caused her numerous nerve problems.
Accordingly, Diane hired a medical malpractice lawyer to sue the doctor.
In a case like Diane’s, what must a jury determine in order to award the victim compensation? For example, is it enough that the procedure in question had a bad outcome?
The answer is no. By law, a jury cannot award medical malpractice compensation just because the patient suffered a bad outcome from the treatment.
Rather, in order to compensate the victim, there must be more than just a bad outcome. The jury must find that the doctor performed the procedure in a manner that deviated from how a typical doctor would have done it. And that such deviation from the standard of care caused the bad outcome.
Alternatively, a jury can award compensation if it finds that the doctor failed to adequately advise the patient of the risks of the procedure.
Finally, the jurors can compensate the victim if a delay in treating the patient’s symptoms after the procedure made her outcome worse. But, again, only if such delay itself deviated from what a typical doctor would have done.
As in any case, the victim’s medical malpractice lawyer must hire another doctor as an expert witness. The witness must explain to the jury how the doctor on trial deviated from the accepted medical standard of care.
What You Should Know
If you or a loved one ever suffers lasting harm from a medical procedure, consult an experienced medical malpractice attorney immediately. The law limits the time you have to take legal action. After the deadline passes, there will be nothing that a lawyer can do for you.
Don’t ever assume that you don’t have a valid case. The above post is just a brief summary of complex laws. In order to make a case determination, you need a qualified medical malpractice attorney, working in conjunction with appropriate medical professionals. Together, the attorney and the medical professionals will determine whether your potential case has merit.