Mistakes in the medical field can lead to devastating consequences. Medical professionals are required by law to provide care with the appropriate skill, diligence, and adherence to safety standards. When they fail to meet these obligations and cause harm to a patient, it may form the basis for a medical malpractice claim.
In Mississippi, pursuing a medical malpractice case requires expert testimony to establish that the medical professional breached the standard of care and that this breach directly caused the injuries. If you or a loved one has suffered due to medical negligence, a Hancock County medical malpractice lawyer can help. A dedicated personal injury attorney can assess your case, gather essential evidence, and work with qualified experts to strengthen your claim and pursue the compensation you deserve.
Every medical provider has an obligation under the law to provide competent care. However, the concept of competence is relative in the eyes of the law. A poor result after visiting a doctor does not necessarily mean that malpractice has occurred. Instead, the law evaluates the actions of the defendant through the lens of acceptable medical practice.
According to established law, a medical professional must provide care that a reasonably competent peer would have under the same circumstances. As a result, the concept of medical malpractice changes based on the role of the doctor or medical professional, where the malpractice took place, and the patient’s health before treatment.
A dedicated Hancock County lawyer could examine a patient’s case and retain appropriate medical experts to determine if medical malpractice occurred. Examples of medical malpractice may include:
Modern medicine is a complex science that requires the help of an experienced medical professional to fully understand. As a result, the law states that plaintiffs cannot argue a case before a jury without the help of a qualified expert witness. According to Mississippi Code §11-1-61, any person may serve as an expert witness as long as they are licensed to practice as a doctor in medicine.
Under MS Code §11-1-58, most plaintiffs’ complaints must include a certificate signed by the plaintiff’s attorney that states the attorney has consulted with at least one qualified expert and that the attorney now believes there is a reasonable belief that malpractice occurred.
The role of the expert lasts through the entire length of the case. The expert can review a plaintiff’s medical records, examine the doctor’s notes from the procedure, and produce reports that provide their expert opinions concerning how malpractice occurred and what injuries or damages it caused. A diligent medical malpractice lawyer could help victims of medical malpractice locate and hire medical experts in Hancock County or elsewhere who can provide essential testimony.
Medical malpractice can occur at any point during the doctor-patient relationship. Even a general practitioner may be liable if they do not refer a patient to a specialist or fail to order appropriate tests. Specialists may also be liable for a failed surgery or improper rehabilitation.
In any event, an injured plaintiff can only pursue a claim with the help of an expert witness. These experts work to evaluate the actions of the defendant from a scientific perspective and can present their opinions as evidence during settlement talks and trial.
A knowledgeable Hancock County medical malpractice attorney could help you obtain compensation for all the economic and non-economic damages you or a loved one suffered as a result of medical malpractice. To schedule your free consultation, call us now.