Anyone in Mississippi who came out of the hospital in poorer health than when he or she was admitted might have questions about available legal options. Suffering personal injury and needing costly medical treatment as the result of medical negligence is unacceptable. However, what constitutes medical malpractice? It is defined as medical negligence, which is an act or omission (failure to act) by a medical professional that deviates from the accepted medical standard of care.
The health care profession recognizes a certain standard of medical care as reasonable, and patients have the right to receive that standard of care. In a medical malpractice lawsuit, it is important for the plaintiff to show that negligent acts or the failure to act were in violation of the standard of medical care. In addition, the court requires proof that the plaintiff’s injuries would not have occurred had there not been negligent care or actions. A case of an unsatisfactory outcome without evidence of negligence will not be grounds for a lawsuit.
A viable case requires evidence of significant damages caused by the alleged medical negligence. Showing that the injury caused disability, unusual pain, income loss, suffering and hardship and/or significant medical expenses — both past and future — would likely constitute a viable claim. Medical malpractice lawsuits are known to be costly proceedings because they typically involve testimony by medical experts.
A consultation with a personal injury attorney with significant experience in dealing with Mississippi medical malpractice laws is the best way to get answers. Legal counsel can explain the requirements for a viable claim and assess the plaintiff’s pre- and post-treatment medical condition. If there are grounds for a civil lawsuit, the lawyer will have easier access to documentation and other records required to support the claim.
