Medical malpractice refers to the failure of a medical professional to provide adequate and reasonable care to a patient, leading to injury or harm. Medical malpractice occurs when a physician or other healthcare provider departs from accepted practices that are customary in the medical field, leading to injury or harm to the patient. The following are the essential elements of a medical malpractice case:
- A duty of care: The medical practitioner establishes a duty to provide medical care and treatment to the patient.
- Breach of duty: The practitioner breaches the duty of care by failing to perform treatment competently or neglecting to take reasonable steps to prevent harm.
- Causation: The breach of the duty of care directly causes the patient's injury or harm.
- Damages: The patient suffers some harm or injury as a result of the breach.
To determine whether or not you have a case, you should consult with a medical malpractice attorney who will assess the facts of your situation by reviewing your medical records, interviewing witnesses, and consulting with medical experts. The attorney will then determine whether or not the medical practitioner was negligent or departed from accepted medical practices.
If you believe that you have been the victim of medical malpractice, you should take the following steps:
- Contact a medical malpractice attorney immediately.
- Gather all relevant medical records and documentation.
- Keep all bills, receipts, and other documentation relating to your injury.
- Document all conversations you have with medical professionals regarding your injury.
- Follow the medical professional's instructions regarding your ongoing care and treatment.
If your attorney determines that you have a valid case, he or she will file a lawsuit on your behalf. If the lawsuit is successful, you may receive compensation for your medical expenses, lost wages, and pain and suffering. However, keep in mind that each state has a statute of limitations for filing a medical malpractice lawsuit.
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