Key Elements of a Medical Malpractice Claim
Has a doctor, hospital, or inpatient care facility’s negligence injured you or a loved one? When you need medical attention, you trust that the professionals treating you will do what they need to help you feel better. However, tragically, severe medical negligence cases are common and frequently result in permanent harm or even death.
When a doctor or other medical professional provides a treatment that deviates from generally recognized practices, it is considered medical malpractice and can have severe consequences for the patient. If you received damage due to a medical mistake, you have the legal right to seek monetary compensation for your suffering.
Requirements of a Claim for Medical Malpractice
While it might sound easy, proving accusations of medical negligence are typically far more complex than they appear. Cases of alleged carelessness are challenging to prove without extensive legal and medical expertise. These elements must be established to win a medical malpractice case.
1. Doctor-Patient Relationship
When a physician agrees to offer you with diagnosis or treatment of any kind, a doctor-patient relationship is established between the two of you. The existence of a doctor-patient relationship is the first thing you will need to demonstrate in this case.
This is most likely the step with the least difficulty, and it is rarely contested. This merely demonstrates to the court that there was a physician who was obligated to provide competent care to the patient.
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2. Negligent Care
Negligent care in a medical malpractice case requires showing that the treating physician fell below an acceptable level of care. The Medical Standard of Treatment refers to the degree and nature of care that a similarly trained and experienced healthcare provider within the same medical community would have given had they been faced with the same set of circumstances that led to the misconduct in the first place.
Expert witnesses, such as other doctors or medical experts, are sometimes called upon to testify in malpractice cases to provide testimony regarding the standard of care that a competent and skilled physician would have provided had they been in the same situation.
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3. Injury Occurred as a Result of Negligence
You need more than proof that your doctor acted negligently and fell below the acceptable care benchmark if you want to win a medical malpractice case. In addition, you will have to prove that you were harmed or injured directly due to the doctor’s negligence.
As a result of the doctor’s carelessness, your condition must have worsened, or you must have had new medical problems. This is another circumstance where an expert witness may be summoned to testify to explain how the extra concerns directly resulted from the doctor’s negligent behavior.
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4. Proof of Damages
In addition, you are required to furnish the court with specific information on the losses you have incurred as a direct result of the malpractice. Loss of income or increased medical expenses attributable to the doctor’s error could qualify as such damages.
The victim of medical negligence is usually entitled to monetary damages to account for the mental anguish brought on by the mistreatment.
5. Prove All Elements
To win a lawsuit alleging medical malpractice, you must demonstrate “by the preponderance of the evidence” that you meet all the requirements listed above. This necessitates that each of the above claims is more likely to be true.
Because of the complexity of the process, it is highly recommended that the victim seek the counsel of an attorney.
