Medical Malpractice

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Medical malpractice attorney in Omaha

When a hospital, doctor or other health care worker causes an injury to a patient through negligence or omission it qualifies as medical malpractice. This can be the result of any errors in treatment, diagnosis, aftercare or in health management.
Medical malpractice in Omaha

Violation of the standard of care

There are certain medical standards that are recognized by the profession as being acceptable medical treatment. Every patient has the right to expect that their health care professional will give them care that is consistent with these standards. Negligence may be established if it is determined that the standard of care has not been met.

Negligence causing injury

A health care professional simply violating the standard of care is not enough for a medical malpractice claim to be valid. The patient also has to prove that they sustained an injury that would not have occurred in the absence of negligence. 

The patient must prove that negligence caused the injury because an unfavorable outcome by itself is not malpractice. 

Significant damages

In order to pursue a medical malpractice claim, patients must show that their injury resulted in disability, loss of income, suffering and hardship, unusual pain, or significant past and future medical bills. This is because medical malpractice lawsuits are expensive to litigate and frequently require testimony of numerous medical experts and many hours of deposition testimony. For the case to be viable, the patient has to show that significant damages resulted from an injury that they received due to the medical negligence. The cost of pursuing the case might be greater than the eventual recovery if the damages are small.
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