Free Consultation
Healthcare practitioners who harm patients through their own “negligence” can be held legally liable for the negative consequences of their actions. Unlike other types of personal injury claims, like those involving car accidents or premises liability, a unique definition of “negligence” applies to medical professionals. This notion of liability can be tricky to navigate if you are not intimately familiar with medical malpractice law.
Fortunately, you have help available from experienced medical negligence attorneys who have handled cases like yours and can work diligently to get the best possible result from your case. While there is no substitute for tailored guidance from a seasoned legal professional, here is a brief primer on liability in Bala Cynwyd medical malpractice claims.
How Does the “Standard of Care” Work for Medical Professionals?
Filing a lawsuit over a personal injury typically entails proving that a named “defendant” violated a “duty of care”—in other words, that the defendant did something any other reasonable person would not have. When the defendant in a civil claim is a medical professional, establishing negligence instead requires a plaintiff to prove that the defendant breached a “standard of care.” In short, an injured person must demonstrate that a healthcare practitioner did something an equally qualified and experienced professional would not have done under the same circumstances.
This deviation from the norm gives medical professionals some leeway for small errors and mistakes. The logic behind this is that even the most skilled healthcare providers cannot guarantee a favorable outcome for every single patient, and they also often work under stressful conditions—for instance, in hectic emergency rooms.
Additionally, state law will not simply take a layperson at their word that a healthcare provider acted irresponsibly. To establish liability in a Bala Cynwyd medical malpractice claim, a plaintiff must have support from at least one other qualified medical expert in the form of a written and signed “affidavit of merit.” This affidavit must be submitted either alongside a plaintiff’s initial complaint or relatively soon after.
Holding All Negligent Parties Liable for Medical Malpractice
When discussing liability for medical negligence, it is worth emphasizing that numerous parties may hold partial fault for a single patient’s injury or negative outcome. Beyond just the patient’s primary treating physician, various nurses, technicians, specialists, and even off-site staff responsible for performing and interpreting test results may act irresponsibly in such a way that breaches the “standard of care” applicable to them.
It may be possible to take legal action against a medical facility that employs a negligent healthcare provider. Holding a facility liable for negligence can substantially increase the amount of financial recovery available to an injured plaintiff. A qualified legal professional in Bala Cynwyd can go into more detail about what parties may be liable in a specific medical malpractice claim during a confidential consultation.
A Bala Cynwyd Attorney Can Further Explain Liability in Medical Malpractice Claims
Holding someone accountable for subpar medical treatment is far from a simple process, especially while you are still dealing with the physical, financial, and psychological effects of your injuries. Fortunately, when it comes to establishing liability in Bala Cynwyd medical malpractice claims, you have help available from dedicated legal professionals with a track record of success.
Working closely with a capable medical malpractice attorney can dramatically improve your chances of achieving a positive case outcome. Call Lowenthal & Abrams today to learn more.
