A medical malpractice case happens when a doctor’s negligence harms a patient. This doesn’t mean that all non-optimal outcomes qualify as malpractice. A patient could pass away from an ailment simply because their condition is too serious, even though the doctors did everything in their power to save them. But, there are also cases where doctors do not uphold the standard of care that patients deserve, which can lead to malpractice claims.
If you believe that you have been harmed or if you’ve lost a loved one due to malpractice, there are four legal elements to consider. In your case, you have to show that.
- The doctor or medical professional owed a duty of care to their patient. If there was no duty of care, then the doctor is not responsible for the outcome.
- The doctor breached this duty in some way. This could just be because they made a negligent mistake or perhaps because they acted recklessly or carelessly.
- This breach led directly to the patient’s injury. It was the doctor’s mistake that caused the harm or aggravated the existing condition.
- That injury led to damages for the patient. They may have experienced pain and suffering, they may need to pay for additional medical treatment or they may be left with a long-term disability – just to name a few examples.
Every case is different, but when these four elements are met, the patient may be able to seek compensation from the doctor, and potentially from the medical institution itself.
Your legal options
If you find yourself in this position, the important thing is to understand that you do have legal options. You must know what steps to take to seek the compensation you deserve.
