Doctors, nurses, and other medical professionals operate under the highest professional standards. Medical professionals must pass intensive licensing tests after obtaining years of education, but they must also remain apprised of all advances in medical technology. The laws in Boonville also place a duty on medical providers to practice their craft with an appropriate level of skill and care. Failures to perform to this level of competence are an example of medical malpractice.
If you or a loved one were severely injured due to the negligent actions of a physician, a Boonville medical malpractice lawyer could help you seek compensation. Our dedicated attorneys at A.W. Smith Law Firm, P.C. can take the steps needed to gather evidence, to make an initial case evaluation, and to connect you with the medical expert witness necessary to prove your case for damages.
The concept of medical malpractice is a legal one. Incidents that involve medical malpractice are surprisingly common. Even a family doctor may commit malpractice if they fail to diagnose a condition after a patient presents with symptoms, do not refer a patient to a specialist for continued care, prescribe improper medication either through dosage or known allergy, or fail to properly interpret any test results.
Of course, specialist doctors may also commit malpractice. Emergency room doctors may fail to quickly recognize a critical situation such as a heart attack or stroke. Surgeons may commit malpractice by leaving an instrument inside a patient. Even nurses can commit malpractice by improperly inserting an IV line or providing improper medication. A skilled medical malpractice lawyer in Boonville could help people to understand the legal definition of malpractice and to evaluate the doctor’s actions.
However, no matter how adamant a plaintiff may be that a doctor’s error has resulted in their injuries, they are powerless to demand compensation on their own. Medical cases are by their nature scientific. Courts cannot accept scientific evidence from lay witnesses. As a result, plaintiffs in medical malpractice cases must obtain the services of a qualified medical expert witness.
MO Statute §538.225 states that an expert in a medical malpractice case must have the same specialty as the defendant doctor. For example, a case based on an error in brain surgery must utilize the help of an expert who is also a brain surgeon. This expert must also be actively practicing in that area of medicine or have retired in the past five years.
This expert can help by examining the medical records in the case, pinpointing where eth error occurred, and provide their opinion as to how a competent doctor would have reacted given the situation. Our Boonville medical malpractice attorneys at AW Smith Law Firm could help individuals to locate and hire these essential witnesses.
Even though doctors and other medical professionals are held to a higher standard, they are also prone to making errors. Unfortunately, their negligent actions can have disastrous consequences for your health. A failure to diagnose a condition can lead to delayed treatment that results in a worsening in your future health. More direct errors during surgery or outpatient procedures can result in permanent injuries or organ damage. Any of these examples may be medical malpractice.
A Boonville medical malpractice lawyer may be able to help you to pursue your claim for appropriate compensation. This compensation can include payments of any additional medical bills, reimbursement for any lost earnings, and even payments for pain and suffering. They could also work to represent your interests in all settlement talks and court hearings. Call the A.W. Smith Law Firm today to discuss your case.
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