When you entrust your health care to medical professionals, you expect that you will get help for the conditions you are facing. Unfortunately, it does not always work out that way. Researchers have determined that nearly 15 million preventable medical errors occur in hospitals each year. Sadly, too many of these errors result in patient pain, suffering, or even death.
Yet not every medical error involves a basis for a malpractice claim, as a medical malpractice lawyer like one from Andersen Morse & Linthorst can explain. The plaintiff in a medical malpractice claim will need to prove four necessary factors. If you are unsure whether you have the basis of a strong medical malpractice claim, consider these questions.
Did a Doctor-Patient Relationship Exist?
For a medical malpractice claim, a doctor or healthcare worker must have been directly responsible for patient care. If you followed medical advice you overheard from a doctor at a restaurant, there was no doctor-patient relationship. If that same doctor failed to treat another diner at the restaurant who had a seizure, this would also not be considered medical malpractice. The patient must have been in treatment ordered by the medical professional.
Was There a Violation of the Standard of Care?
Although states define it in slightly different ways, the legal concept of “standard of care” generally means the degree of care and skill of the average health care provider practicing in the provider’s specialty. A patient should be able to expect health care professionals to deliver medical treatment that is consistent with the standard of care. If the standard of care was not met, medical negligence may be established.
Was the Injury Caused By Negligence?
The plaintiff must be able to prove that the injury was directly caused by negligence. An unfavorable outcome in medical treatment is not necessarily malpractice. A doctor might need to try several different courses of treatment in order to find one that works, and sometimes even the best of medical care does not result in a healthy patient. Medical negligence must have directly caused the injury.
Did the Injury Result in Significant Damages?
The patient must be able to demonstrate that the injury resulted in significant past or future medical expenses, unusual pain and suffering, disability, or loss of income. Medical malpractice cases are expensive to litigate, so the patient must be able to show that significant damages resulted from the injury in order for the case to be worth the expenses associated with the legal costs.
Proving these four factors in a medical malpractice case can be complex. The process begins with a careful review of all factors in your case, in order to determine if you have the basis of a successful claim. It is best to work with experienced legal representation, so you should seek the consultation of a highly qualified medical malpractice attorney in your area.