Although doctors are very knowledgeable in their practice area, mistakes can occur when performing surgeries or prescribing medicine. "Never events," incidents that medical staff say should never occur, happen more than 300 times per month.
In order to have a medical malpractice case, you must prove that your doctor disobeyed a widely recognized standard of care used by doctors who work in a similar field as your doctor. The patient must prove their doctor violated the accepted standard of care and was negligent when treating the patient. Everyone reacts to treatment differently, what works for someone else, may not work for you. If all you experienced was a bad result to any form of treatment, this is not evidence that the doctor violated a certain standard of care.
It is impossible for you alone to prove you have a medical malpractice case. A trial lawyer with experience representing medical malpractice victims can help you gather the proper information to prove you have a case. He or she will take a statement from you and review your medical records. This information is essential when deciding whether or not there was a violation in your treatment.
More details about the unique challenges and regulations surrounding malpractice cases are in the book titled, The Truth about Medical Malpractice Claims. Medical malpractice and board certified trial attorney Brent Adams wrote the book and offers it free to anyone in North Carolina who suspects they were hurt as a result of a medical error.