Thousands of patients are hurt in hospitals and doctor’s offices yearly because of a doctor’s negligence. Many doctors make mistakes while caring for patients, leaving them with irreversible, long-term injuries.
Contact a compassionate medical malpractice attorney today when you or a family member are hurt by a physician or hospital’s careless actions. A lawyer can explain liability in Portland medical malpractice cases and help you pursue a claim for damages.
Is the Doctor Liable in a Medical Negligence Case?
Proving liability in medical malpractice claims requires the party bringing the case to prove the attending doctor was negligent. This means that the healthcare professional deviated from the acceptable standard of medical care, resulting in the patient’s injuries. Several pieces of evidence play a role in proving a doctor’s negligence.
Expert Testimony
Often, an attorney uses expert testimony from a physician in the same field as the defendant. The expert—hired by the plaintiff’s attorney—proves that what the doctor did was negligent.
Patients, family members, and legal representatives do not have the medical knowledge, training, or experience that the legal system requires to prove fault. Therefore, hiring an expert is vital to a case’s success.
Depositions
During a healthcare malpractice case in Portland, the plaintiff’s attorney deposes the doctors or providers who cared for the patient, asking questions that often lead to an admission of guilt.
Witness Accounts
Accounts from the patient’s family or the patient can serve as valuable evidence in a claim of this nature. For example, a family member may have overheard a doctor admit that something went wrong with the patient’s care.
Phone Records
Phone records documenting when the patient called the medical are crucial to the claim. For example, phone records can confirm the truth when a patient says they called to inquire about their test results, but the doctor claims they never received a call.
Medical Records
An audit trail shows when anyone accesses the patient’s medical chart, including the date and time. This is critical evidence because a doctor may claim they did something at a particular time that does not follow the audit trail. This will show when a doctor fails to properly read a record or misdiagnoses someone.
Does Signing a Consent Form Impact a Medical Malpractice Claim?
Many people misunderstand the purpose of medical consent forms. Patients must fill out a “consent to treat” form when they go to the hospital, and likewise, they must fill out a surgical consent form when they go to surgery. Each form confirms that the patient accepts medical care from the facility and attending physicians.
A surgical consent form discloses all the known risks of the procedure to the patient so they can make an informed choice about whether to undergo that procedure. It does not make the medical provider immune to a negligence claim. Simply put, the patient consents to reasonable medical care consistent with quality standards and reasonable medical practices. However, consent forms do not impact liability for medical negligence claims in Portland.
In some cases, the patient may have a viable medical negligence claim when the hospital or surgery center does not list known concerns. For example, a surgery consent form given to a patient undergoing a total knee replacement might not mention the risk for infection, even though it is a common side effect. If the patient develops this ailment, they can pursue a claim because the hospital failed to warn them about known risks or dangers.
Call an Attorney in Portland to Discuss Liability in Medical Malpractice Cases
Dealing with the effects of a careless doctor’s actions can be completely disruptive. Physician negligence can impact all aspects of your life, making it hard to return to work or live alone.
Contact our team today to learn more about liability in Portland medical malpractice cases. A seasoned personal injury attorney can help you determine what legal options are available to you.
