Most people would not consider a car accident to be medical malpractice — until they give it a bit of thought, that is. Car accidents can be caused by a variety of factors. A car may not function properly. A driver may not follow the rules of the road. Weather conditions can change suddenly. No one could argue that these causes of car accidents are some of the most common.
Other causes of car accidents involve medical issues. A doctor may have prescribed medication and failed to warn a patient of the side effects. A person may have undergone treatment for a medical condition and not been told that they should avoid driving. In these instances, a car accident could very well be considered medical malpractice.
Like any other medical malpractice case, someone involved in a car accident would have to prove that their medical provider was negligent. They would be compelled to prove that the medical provider did not perform their duties with the same standard of care as any other similar medical provider would have.
To win a medical malpractice case after a car accident, a victim must be able to prove:
- A relationship with the medical provider
- A failure to perform according to the acceptable standard of care on the part of the medical provider
- Injury that was a direct result of the medical provider’s negligence or failure to act
If you believe that you would have not been involved in a car accident if not for the failure to perform on the part of your doctor, you may have a medical malpractice case. Unlike traditional cases, one involving a car accident has many intricacies that can be difficult to navigate. If you believe that you have a case, you need the representation of an experienced attorney.
Reach out to our team today for assistance. Our personal injury attorneys are well-versed in both car accident and medical malpractice law, helping to ensure that we will be able to give you the best advice possible. Call now for a free initial case evaluation and let our team guide you as you work to move forward with your life.