If you have experienced injuries as a result of what you believe could be medical malpractice, you should learn what you can about the legal elements necessary in such lawsuits.
There are four characteristics that must be present in every medical malpractice case.
The medical professional owed a duty of care to the patient
If the defendant in a lawsuit did not owe a duty of care to the plaintiff, a court will likely not award damages. A relationship must have existed in which the defending party was reasonably expected to provide medical care to the suing party.
The medical professional breached the duty that they owed
Mistakes can happen in any profession and the medical discipline is no exception. However, when it comes to the practice of medicine, many mistakes can cause serious harm or death to a patient. In order to be liable for negligence, the person must have acted outside of the norm expected of someone in that position.
The patient sustained injuries as a result of the breach
Physicians and their counterparts can make mistakes not associated with the cause of any harm. In order for a court to award damages for medical malpractice, the plaintiff must demonstrate that injuries occurred as a result of the breach of duty.
The patient incurred damages due to the breach
The plaintiff must show the court that damages, whether monetary or emotional, occurred due to the defendant’s negligence.
If you are unsure whether you could have a case for medical malpractice, consider contacting an attorney to discuss your options.
