Medical malpractice cases can be among the most complex types of cases in civil litigation. On the face of things, many medical malpractice cases might seem self-evident: a patient entrusts his or her care to medical professionals, yet emerges from that care in worse condition. Medical malpractice, right? Not necessarily. Even those cases that do involve seemingly clear-cut negligence on the part of a healthcare provider, proving fault can be difficult.
Fortunately, the New Orleans medical malpractice attorneys of Harrell & Nowak have extensive experience and an impressive history of success in handling even the most challenging medical malpractice cases. They know how to identify acts of negligence, gather the most compelling evidence available, and present the strongest cases possible on behalf of victims of medical malpractice.
Collecting Evidence and Building a Case
In order to prove fault, our personal injury attorneys must be able to collect the strongest evidence available and build the most logical and convincing case possible around that evidence. Contrary to popular belief, there does not have to be “smoking gun” type evidence to prove fault. We work with trusted medical experts to review charts, medical histories, and the circumstances that led to the victim’s injury and present testimony that one or more of the healthcare providers involved in the victim’s care acted with negligence, whether by:
- Ignoring or misinterpreting symptoms presented by a patient that should have led to a correct diagnosis or at least consideration of that diagnosis
- Committing a surgical error
- Prescribing the wrong medication or the wrong dosage of the correct medication
- Neglecting the patient’s medical history in performing a procedure or providing a medication that was unreasonably dangerous given the circumstances
- Otherwise failed to act as a reasonably competent peer would act when faced with the same situation
Understanding Medical Malpractice
What many people do not understand is that not all undesirable outcomes or even all errors committed by healthcare professionals necessarily point to medical malpractice. Our medical malpractice attorneys cannot prove fault where no real fault exists. Physicians, surgeons, nurses, and other medical professionals are not perfect, nor are they held up to a standard of what is ideal. The true measure of medical practice is whether the professional provided care of a reasonable standard.
For instance, if someone has a rare disease and presents symptoms of a common disease, and the physician arrives incorrectly at the diagnosis of the common disease, the question is whether a competent peer could reasonably have been expected to arrive at the correct diagnosis given the same set of circumstances. If the answer is “no,” then the physician likely cannot be held liable for damages, even if the patient’s condition worsens as a result of the misdiagnosis.
If, on the other hand, a person presents symptoms that would likely lead a competent peer to arrive at the correct diagnosis, and a physician misdiagnosis or fails to diagnose the condition, he or she may be held liable for damages.
Contact Harrell & Nowak
To learn more about proving fault in medical malpractice cases, please contact Harrell & Nowak today.