Malpractice is one of the most common cases that lawyers will take on, especially at our firm. While it is something that is very widely known about, very few people actually understand what it is that this specific form of law encompasses. For many of the individuals that come to us seeking help, we start off by determining whether or not their case is actually covered under the expectations of malpractice.
If you’re unsure as to whether or not your case fits within those boundaries, hopefully, we can provide some clarification on our blog post today.
Violation
An area that malpractice focuses on is the violation of standard care. Malpractice can occur when a medical professional has been negligent and hasn’t fully provided the care that they had set out to do. This is going to be a standard of care that the law is looking at and what it was that the patient should have received through the procedure. If the expectations of the procedure or treatment were set as standards, to be met, then the patient can report negligence because of a violation of standard care.
Negligence
One of the most common forms of malpractice will come in the form of negligence. This one is a pretty easy case to build because most of the time the expectations or responsibilities of the person that has the case against them are clear. In order for a claim that you’re making to be considered malpractice, however, you must be able to prove that the end result of the issue would not have happened if negligence did not play a part in the way that events played out. You can’t have one without the other, which means that negligence has to have resulted in an injury.
Damage
Malpractice cases are also going to have to incorporate some form of damage in order to truly be a malpractice case. When a malpractice case is made, most people are looking to get a financial reimbursement for damage that they experienced, which can be one of the most difficult pieces to support in court. In order to prove that there truly was damage that you need reimbursement on you need to show that the damages or the financial amount that you’re asking to have reimbursed wouldn’t have been an issue if the malpractice hadn’t happened.
This is sometimes the biggest challenge in malpractice cases, and often requires quite a bit of documentation and support in order for us to truly get you the financial reimbursement that you are asking for. When you sit down with the individual that will be working on the case with you, you’ll be able to talk to us about the reimbursement that you’re looking for and we can work through the reasoning and support to determine if it’s a case that will hold up in court.
The lines of these three areas can become blurred. Depending on circumstances, the end results of the case and the overall support that there is for the case that you’re making. With how gray these types of situations can be, you need a professional to sort out your case and help you determine where your case lies. You can count on us to be the ones to help you.
If you have a malpractice case that you need professional assistance with, you can count on Westphal Law Group to be there. Our team of professionals can walk through the process with you and build up your case. Reach out to us today and we’ll start by getting a time for a consultation set up.
