Medical malpractice is an area of law often forgotten by the average citizen. That is, until you are the victim of such a situation.
No one expects to visit a hospital or physician and be given anything less than exemplary treatment. In general, most people believe the care they receive is the best a doctor could offer under the circumstances. Because of this, patients tend to accept their treatment without even thinking about whether it satisfied the accepted standard of care in the medical community.
Medical malpractice is shrouded in mystery to the typical patient, and most don’t know what to look for to know if they’ve been mistreated. Consider these elements of medical malpractice claims to determine if you have a successful case.
What is medical malpractice?
Medical malpractice occurs when a patient sustains injury or death due to negligent acts or omissions by a healthcare provider. The treatment received is proven to have been below the acceptable standard of the medical practice, and most cases typically involve a form of medical error.
Elements of a winnable lawsuit:
To have a successful claim, you must be able to prove each of the 5 elements of the tort of professional negligence.
- A duty was owed:
This is the legal obligation of a medical practitioner to provide proper care when they provide treatment to a patient.
- A duty was breached:
The health care given failed to meet the standard of care required of medical professionals in the field.
- The breach caused injury:
The injury was due to the breach.
- Deviation from the standard:
Evidence must show that the treatment violated or deviated from the standard care. If the medical professional provided proper care and injury still occurred, there is no medical malpractice.
Damage to the plaintiff must also be proven. There must be a direct connection between the medical provider’s negligence and the damage sustained by the patient.
Do you have a case?
If we believe that we can prove all 5 of the above elements, pursuing a medical malpractice lawsuit may be the next step.
When you call, we’ll be able to walk you through the entire process and provide you with the information you need.
Trevett Cristo Law is dedicated to obtaining the justice you deserve.