Medical malpractice occurs in situations where the patient in a medical facility is not properly cared for resulting in injuries to the patient. Doctors, nurses and others with medical training are held to a higher standard of care by virtue of their medical backgrounds. When this standard of care is not met and a patient is harmed as a direct result of negligent care, then the legal recourse for those harmed is to file a medical malpractice suit. These types of suits are in place to protect patients.
In Rochester, Pennsylvania, a borough of Beaver County, a police officer filed a medical malpractice suit on behalf of his late father. While his father was alive, he had to get physical therapy for his hands because he had limited mobility in his hands and fingers. The lawsuit that was filed claims that the man’s father had severe burns to his hands, disfigurement and was subjected to untold pain and suffering as a direct result of the therapy treatments. Compensatory damages as well as damages medical expenses are being sought in the lawsuit.
To claim victory in medical malpractice cases, the person suing the medical professionals responsible for the infraction have to prove that a standard of care was owed and that that standard of care was not appropriately provided. A medical malpractice claim is a tort claim and requires proof of professional negligence. In torts cases, one much prove that there is a duty owed, that the duty has been breached, that the breach of the duty proximately caused the injury and that the injury resulted in damages.
Medical malpractice cases are hard cases to prove but that does not mean that they are impossible to prove. A working knowledge of how these cases are handled in court will go a long way in ensuring that one’s case has a positive outcome.
Source: Beaver County Times, “Rochester man sues Aliquippa rehab center alleging negligent care”, Jenny Wagner, February 26, 2013