If you pursue a medical malpractice case, you must prove the four elements of negligence in addition to the fact that the medical professional was aware their actions might result in your injury. If you are able to do so, you will receive compensation for medical bills, pain and suffering, emotional pain and suffering, and loss of income just as you would in a medical negligence suit. Sometimes, however, the court will include additional punitive damages in the case of malpractice, depending on the severity of the malpractice and its resulting injuries.
The best way to prove malpractice, besides retaining all of your medical records to provide an adequate history of your treatment, is to use an expert witness. An expert can testify that any reasonable medical professional would have known that the standard of care provided was negligent.
An experienced Meridian medical malpractice attorney can assist you in finding an expert witness, gathering evidence, and navigating the often tricky ground between negligence and malpractice. Usually, a malpractice attorney will review your case and only accept it if he or she believes it is a worthy case. In most cases, malpractice attorneys will not charge a fee unless your case reaches a favorable settlement. Contact a personal injury lawyer in Meridian or Layton if you believe you may be the victim of medical malpractice.