Medical Malpractice Attorney- Elements to Prove your Case
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Medical Malpractice Attorney- Elements to Prove your Case
Medical Malpractice Attorney- Elements to Prove your Case
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Home Page > Law > Personal Injury > Medical Malpractice Attorney- Elements to Prove your Case
Medical Malpractice Attorney- Elements to Prove your Case
Posted: Apr 22, 2011 |Comments: 0
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When seeking out a doctor for a medical condition, most people safely assume that they will receive reasonable care from a competent physician. When this does not happen, recourse may be available in the form of a medical mismanagement lawsuit. If this has happened to you, a Medical Malpractice Attorney can review the evidence in your case and advise you on the best course of action as you seek just compensation.
To establish that your doctor was medically negligent, there are four main elements that your attorney must prove to successfully litigate your claim.
1. Duty was owed- A duty is owed under the law by the basic nature of the doctor-patient relationship. In most cases this is the simplest element to prove. What this means is that the doctor had the responsibility of providing treatment that followed “reasonable professional standards”. In other words, he had the duty of treating you with a skill level that any reasonable physician in a similar position would have provided.
2. There was a breach of duty- Proving that the quality of care that your doctor provided fell below the “reasonable professional standard” may be more difficult to prove. Many times this comes down to a battle of the expert witnesses in a court trial, as to what is reasonable care and what is malpractice. Sometimes the breach is obvious, such as when the wrong leg is amputated, but normally this is not the case.
3. The breach caused injury – Because medical malpractice falls under the “personal injury” category, you must prove you actually suffered an injury due to the negligence of the medical professional, to receive damages. In other words, you must show that whatever your doctor did or didn’t do caused you harm. Some forms of medical malpractice are easier to prove than others. If a physician left a piece of medical equipment in your surgical incision and a resulting infection developed, then the doctor had an obvious breach. Others are less obvious, such as a missed cancer diagnosis that delayed your treatment for a week or two.
4. Damages were incurred – Your attorney must prove that because of your injury, you incurred damages. Normally these will include lost wages, medical bills, emotional distress and pain and suffering.
In summary, medical malpractice is the consequence of doctors or other medical providers, failing to provide health care services that are deemed “reasonable” by professional standards. Your attorney must prove that your resulting injuries caused damages to bring a medical malpractice lawsuit. A successful medical malpractice claim requires working with a Medical Malpractice Attorney with experience in litigating these cases, who also has access to medical experts and the financial resources to build the case.
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medical malpractice, medical malpractice attorney, malpractice attorney, malpractice attorney elements, medical malpractice claim, successful medical malpractice, attorney elements, medical malpractice falls, malpractice
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