Medical malpractice occurs when a medical professional fails to provide a level of care to a patient that meets medical standards. Malpractice can occur at any time during a patient’s care and is not limited to just the doctor. If you have been injured by a medical care provider, you may have a malpractice claim.
To establish a claim for malpractice, your attorney will have to show that the following four criteria have been met. If each of these requirements applies to your case, a claim for compensation can be filed.
4 Requirements For A Medical Malpractice Case
1. Duty of Care
To file a claim for medical malpractice, you must show that there was a Duty of Care between the two parties. This means that there was a working relationship or an expectation of services between the parties.
If you contacted a doctor for an appointment and they gave you an appointment and followed through with an exam, a Duty of Care has been established.
In the same way, if a nurse comes to work and provides care to a specific set of patients, the Duty of Care is established. Your attorney can show how there was a working medical relationship between you and the medical care provider that caused the injury to occur.
2. Breach of Duty
Next, you will have to show that there was a breach of that Duty. To do this, it must be proven that the medical care provider did not act within the norms of their profession while providing care.
Your attorney will have to conduct research on your medical records and speak with specialists about your injury to determine if there was a breach in the Duty of Care. If it is determined that there was, they will proceed to the next step.
3. Breach of Duty Results In Injury
Once a breach of Duty has been established, it must be shown that this breach led to an injury. A medical malpractice injury can include many different types of injuries such as:
- Delayed diagnosis resulting in worsening of a condition
- Misdiagnosis
- Failure to treat the condition within guidelines of the medical community
- Undertreating a medical condition
- Surgical errors
- Medication errors
- Surgical area infections
- Cross-contamination
- Bedsores
- Birth injuries to infant or mother
These are just a few examples of injuries that may result from medical malpractice. Your attorney will review your case to establish the injuries you received as a result of the care provided.
It is imperative to understand that some outcomes of medical care that are not what was anticipated may not be considered an injury. No medical treatment, surgery, or medication is 100 percent guaranteed. For an injury to occur, it must be a direct result of a negligent action by the care provider.
4. Injury Causes Financial Harm
The final thing that your attorney must show to file a medical malpractice lawsuit is that you suffered financial damages or harm as a result of your injury. Again, this is usually quite simple.
If you had to seek additional care for your injuries, missed work, or cannot return to work as a result of your injuries, financial harm has taken place.
Always Work With An Attorney For Medical Malpractice Claims
Medical malpractice can be hard to establish. The court system places the burden of proof on the injured party to show that the care provider was the cause of their injuries. It can be challenging to find others in the medical field that will establish a mistake has been made by one of their coworkers.
When you work with an attorney, they will have the resources necessary to establish standards of care for your condition and determine if malpractice took place. This makes the process much easier for you and helps move the claim quicker through the system.
Your attorney will also know exactly what the insurance company is seeking in proof of the injuries and the extent of your losses. If you try to manage one of these claims on your own, you could be lost in the paperwork, undercut on the value of the claim, or simply denied because the insurance company is playing hardball with the claim.
If you have been injured as a result of the medical care you received, seek immediate medical care to stabilize your condition, then speak with a medical malpractice attorney. As an injury victim, you may have the right to file a claim for compensation.