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4 key elements of medical malpractice

On Behalf of | Jun 19, 2023 | Medical Malpractice |

When a healthcare provider makes a mistake, the result can be life-threatening. Medical malpractice can cost you significantly. Thus, if you experience it, you should consider your legal options. However, your case should meet certain key elements. 

Here are four of them.

A professional duty owed to you

With this element, you need to prove that you were under the care of the healthcare provider in question. Your medical records can help you prove this. For instance, if you experienced a diagnosis error, an admission document to the hospital and the diagnosis provided by the doctor can be your evidence. If a surgery error is the root of your claim, your preoperative reports and surgery schedule can prove the surgeon owed you a professional duty.

Breach of that duty

Now that you have established professional duty, you should show that it was breached. For instance, if misdiagnosis was the error, providing the initial diagnosis and the right one can prove a breach of duty. With a delayed diagnosis, the difference between when you reported your symptoms to your doctor and when they diagnosed you can prove this element.

Injury caused by the breach

This element covers the injury you suffered as a result of the breach of duty. For instance, a delayed diagnosis or misdiagnosis can worsen your condition. Further, if a surgeon injured an adjacent organ to the one they were operating on, you may develop new complications.

Damages resulting from the injury

The economic and non-economic damages you suffer from the injuries fall in this category. These include monetary damages and pain and suffering, among others.

Medical negligence is a crucial matter that should not happen. With legal guidance, you can prove these elements, protecting your rights.