Medical malpractice is the legal term that refers to a medical professional’s negligent actions that result in injury to a patient. To build a case for medical malpractice, the victim must generally establish four elements:
- Duty. First, the victim will need to show that the medical professional owed them a duty of care. This is most often satisfied by showing that the victim was a patient of the physician or other medical professional in question.
- Breach. Next, that the physician did not follow an accepted standard of care. That they either failed to intercede or acted poorly when delivering care.
- Causation. The victim will also need to show that the physician’s failure to follow the standard of care caused the issue.
- Damage. Finally, that the issue led to serious injury or financial expense.
It is important to note that the standard of care mentioned in the second element is a term of legal art that can differ based on the jurisdiction, or location, of the case. It generally refers to the care a reasonable physician in a similar situation would provide for the patient.
Why should I consider moving forward with a case?
These cases can provide victims and their families with the financial means to seek additional medical care, rehabilitation, and cover lost wages that can result for a medical injury. Critics argue the system is too harsh, but it is important to remember that these injuries can be catastrophic. In a recent example, a man was able to win millions after his medical team’s failure to treat a knee injury resulted in a need to amputate the lower half of his leg.
Although patients injured by negligent medical professionals can build these cases, it is important to note that the burden of building the case is with the victim. Even in the most obvious of cases, the victim will need to clearly meet the elements noted above. This can require multiple pieces of evidence as well as expert testimony. An attorney experienced in this niche area of personal injury law can review your case and work to protect your right to legal remedies.