Medical malpractice occurs when a healthcare provider, such as a doctor, nurse or hospital, fails to provide competent care to a patient, resulting in harm or injury to the patient. Medical malpractice puts the responsibility of providing safe and effective medical care onto the healthcare provider, based on their training and expertise. A medical malpractice claim arises when the healthcare provider violates this duty of care, leading to injury or harm to the patient as a result.
To determine if you have a medical malpractice claim, you will need to demonstrate four key elements:
- A doctor-patient relationship existed: You must establish that you had a doctor-patient relationship with the provider who you believe committed malpractice.
- The medical provider breached the duty of care: The provider failed to provide care in accordance with accepted medical standards or deviated from the accepted standard of care. This can include failing to diagnose a known condition, improperly treating a condition or making a surgical error.
- The breach of duty caused injury or harm: The breach of duty by the medical provider directly led to the patient's injury or harm. The patient must prove that the injury would not have occurred but for the medical provider’s breach of the duty of care.
- The injury resulted in damages: The patient must show that they have sustained actual damages, such as physical injuries, medical expenses, and/or loss of income.
If all four elements are met, then you may have a medical malpractice claim. It is important to note that medical malpractice claims may be subject to specific statute of limitations which vary by jurisdiction. It is recommended that you seek the advice of an experienced attorney promptly if you suspect medical malpractice.
By
