When you visit your Mississippi doctor, you expect him or her to make you better, not worse. Unfortunately for approximately 15,000 to 19,000 trusting individuals throughout the United States, their health care providers failed to abide by the appropriate standard of care. Such failure resulted in costly harms and medical malpractice claims. If your health care provider injured you, you may wonder if you have a medical malpractice case. Medical News Today explains what does and does not constitute medical malpractice in Mississippi and throughout the U.S.
Medical malpractice occurs when a health care provider or professionals fails to provide a patient with the appropriate standard of care. Though medical malpractice claims often stem from a provider’s wrongful actions, many arise because of a health care professional’s failure to act at all. For instance, malpractice can result from a failure to diagnose, failure to provide appropriate treatment or failure to follow through with a patient’s care.
That said, not everyone who sustains injuries in a health care setting has a malpractice case. To have a case, the injured party — in this case, you — must show that the health care provider deviated from the standard of care established by other industry professionals. Even if you can prove this, however, there is no guarantee that your case will prevail.
In addition to proving that your provider deviated from the appropriate standard of care, you must prove that the provider’s negligence resulted in injury or harm. Moreover, you must establish causation, which means that you must show the damage would not have occurred had the provider acted appropriately.
Finally, you must prove that the negligence resulted in “considerable damage.” Considerable damage may include suffering, chronic pain, enduring financial hardship and/or disability.
You should not use this article as legal advice. It is for educational purposes only.