The branch of the law which deals with medical malpractice issues is very complex and this can be something that is often hard to prove. Most lawyers who cover this particular area such as Dr. Bruce G. Fagel, have in fact come form the medical community in the first place and then transferred across to the legal side later in their careers. Despite the fact that people like Dr. Fagel has experience in both camps, even a great professional like him can find it very complex to really get to the bottom of medical malpractice issues. There are many challenges which come in this area of the law and these are the main challenges which are faced.
Patients Staying Silent
Even when there is a suspicion of medical malpractice we still see many patients fall silent. It is uncertain as to why more patients won’t come forward when they believe that there has been an issue, some simply don’t like to rock the boat. Of course in cases where there has been substantial damage done to the patient they will come forward, yet more minor cases are often left unchallenged.
A medical professional can be found guilty of medical malpractice if they have failed to correctly diagnose a patient. With this being said not every misdiagnosis is considered as medical malpractice. This is what makes it so much harder for the courts to identify whether or not there is guilt around the diagnosis and whether or not the correct steps were followed when the medical professional was trying to get to the bottom of the issue. We have to to recognize the fact that doctors don’t get it right all of the time, and this is exactly why we cannot assume everything to be a result of medical malpractice.
Following on from this point that not every error made in a hospital can be considered as medical malpractice, it is also worth thinking about why hospitals have processes in place. This is really the key to being able to prove wrongdoing, not whether something has gone wrong, but whether the correct procedures were followed when working on the patient.
He Said, She Said
Thankfully this is something which has changed a lot in recent years, but for a long while we wouldn’t have signed documents from patients prior to going into surgery. This meant that should something have gone wrong such as nerve damage or an infection, that the patient could claim that they weren’t warned about this. In fact there is so much that hospitals have to do these days in light of previous malpractice cases, in order for them to protect themselves from a potential claim.
As you can see, this area of the law is far from simple and we often see complex claims which are tough to prove, even without a weight of supporting evidence. With all of this being said, you should always speak up if you feel that you have been a victim of medical malpractice.