The Elements of a Medical Malpractice Case
How to Know If You Have a Medical Malpractice Case
If you were injured or became ill because of a medical provider’s negligence, you may be owed compensation. Understanding when to file a personal injury lawsuit may be difficult and this is why it’s important to talk about your options with a lawyer. Here is how you know you were the victim of medical malpractice.
Elements of Malpractice
In a malpractice case, you have to prove four different elements. The first element is duty and the second is breach of that duty. Medical providers owe their patients a reasonable standard of care. When you seek a doctor for medical attention, you expect him or her to have your best interests in mind. If the doctor acts negligently or dismissively and you become ill or injured because of it, then he or she breached the duty.
Next, you have to be able to prove that the negligence caused your injury. This is known as causation. The doctor’s action or inaction has to be the reason that you suffered an injury. Last, the injury or harm has to be measurable. Often, the injury or illness comes with substantial medical bills, loss of enjoyment, disability, or other quantifiable damages.
Examples of Malpractice
Many people have heard of medical malpractice, but it can still be difficult to understand if you don’t have examples. After all, simple mistakes are not necessarily malpractice. For example, some illnesses may be difficult to diagnose or may share symptoms with another illness. A doctor may diagnose you with an illness and find out later that he or she was wrong. If this is a reasonable mistake, then it is not malpractice.
However, if a doctor did not diagnose a patient because he or she was dismissive of the symptoms, then he or she may cause harm that leads to a malpractice suit. Likewise, if a doctor were to inject the wrong dose of a medication that resulted in serious injuries, this may also be malpractice. Types of malpractice include:
- Delayed diagnosis
- Misdiagnosis
- Medication errors
- Surgery errors
- Anesthesia errors
A medical professional should always act with care and with professionalism. Often, doctors who commit malpractice are busy or rushed. They may make snap judgments or miss telltale signs of a serious illness.
If you suffered any harm because of a doctor or other medical professional’s negligence, then you should consult with a medical malpractice lawyer as soon as possible. If you would like to speak with a medical malpractice attorney to assist you with your claim.