Medical malpractice occurs when a patient is harmed because a doctor or other health care professional failed to competently perform their medical duties. Medical malpractice cases are often very complicated. To prove that medical malpractice occurred, you must be able to prove several things to the court in the state in which the incident occurred. For Nebraska residents, your case will need to be according to Nebraska laws.
In Nebraska, the first thing you will need to prove during a medical malpractice case is that a doctor-patient relationship existed. This means you agreed to hire the doctor and the doctor agreed to be hired. Casual advice from a doctor you know personally or consulting a physician who does not treat you directly cannot be held responsible for your injury.
You also need to prove that the doctor or health care professional was negligent in connection with your diagnosis or treatment. Being unhappy with your outcome is simply not enough. You must prove that a competent medical professional, under the same circumstances, would have treated you differently and avoided the harm you have experienced. Medical experts are used in medical malpractice cases to establish a standard of care and to determine whether or not the care you received was reasonably skillful and careful.
The medical professional’s negligent care must be what caused the injury. Patients with existing conditions must prove that their condition did not naturally progress and lead to the injury. Medical expert testimony is often used to demonstrate to the court that more likely than not the negligent care led to the patient being harmed, not the natural progression of their established disease.
Finally, the patient needs to establish specific and clear damages that have resulted from their injury. Physical pain, mental anguish, lost wages, and additional medical expenses are examples of possible medical malpractice case damages. Patients must prove that their injury has cost them these specific things before a court can determine what financial award they should receive.
How Do I know I Have a Medical Malpractice Case in Nebraska?
In the state of Nebraska, an injury can lead to a medical malpractice case when it results from failed diagnosis, failure to warn a patient of potential risks, or improper treatment. It is important to file medical malpractice claims quickly. A statute of limitations exists in every state for medical malpractice cases, and regardless of evidence, the court will dismiss a case if the established time has expired.
If you or someone you love has experienced injury as a result of negligent medical care in Nebraska, an Omaha, NE medical malpractice lawyer from Welsh & Welsh can help. Our experienced legal team understands the complexity of medical malpractice cases and will fight to see that you are awarded the financial compensation you deserve. Contact our Omaha office today for a free, zero-obligation consultation of your case.