Clayton Medical Malpractice Lawyer
Patients rely on their doctors to safely diagnose and treat them for their injuries and illnesses. Unfortunately, physicians may miss the mark or make a blatant mistake the costs their patient’s health, freedom, and in some cases, their lives.
If you suffered from a medical malpractice-related injury, you might be entitled to legal recovery. However, pursuing a medical malpractice case could be expensive, time-consuming, vastly complicated, and technical. Between discovering evidence, reviewing a filing countless paperwork, and questioning expert witnesses on difficult medical terminology, medical malpractice lawsuits could be difficult to manage without an experienced personal injury attorney. A Clayton medical malpractice lawyer could provide you with direction and insight throughout the process.
Standard of Care in a Medical Malpractice Case
Under ordinary negligence, people have a duty or standard of care to act as reasonably prudent persons would under the circumstances. However, standard of care adapts and changes depending on the circumstances and the defendant. Professionals, in particular, have “heightened” standards of care when carrying out their professional duties in comparison to ordinary citizens. Medical malpractice claims in Clayton might result from a physician’s failure to uphold their standard of care.
Physicians have a particular standard of care that if violated, would result in medical malpractice. The standard of care is that physicians must conduct themselves with the level of care that an ordinary, prudent, health care professional with similar training and experience, would provide under similar circumstances in the same community.
Filing a Medical Malpractice in Clayton
Due to the complexity of medical malpractice cases, there are both general and specific requirements that must be met, and these requirements may vary from state to state. Generally, in order to support a medical malpractice claim, a plaintiff and their Clayton medical malpractice lawyer must prove the following:
- A doctor-patient relationship existed at the time of the malpractice
- The doctor was negligent and failed to exercise their standard of care
- The doctor’s malpractice was the cause of the injury
- The injury caused by the malpractice led to specific damages
Medical malpractice plaintiffs have two years to file their case from the date the medical error occurred that resulted in their injuries. Medical malpractice cases should also be supported by an “affidavit of qualified health care provider.” Missouri Revised Statutes §538.225 states that when a plaintiff is bringing a medical malpractice claim against a healthcare provider, they must obtain a written opinion from a legally qualified health care provider.
The written opinion must find that the defendant deviated from the standard of care that a reasonably prudent health care provider would have under the circumstances and that their failure to do so was the cause of the plaintiff’s harm. These affidavits must be filed within 90 days of the lawsuit.
Contact a Clayton Medical Malpractice Attorney Today
Your quest to seek recovery for medical malpractice could be realized with the help of a Clayton medical malpractice lawyer. With experience and knowledge in the field, they could carry the load and help steer your case through the not easily navigable waters of medical malpractice. You are not alone, and you could receive professional assistance for your recovery efforts.
From negotiations to trial, an attorney could help you handle the complex landscape of medical malpractice. You could rest easier knowing that a legal professional is fighting for you. Call now to see what options might be available for you.