Medical Negligence vs Malpractice

To be eligible for a medical malpractice lawsuit, one must establish that they suffered damages as a result of their injuries. Various losses can be compensated in a medical malpractice lawsuit.

To prove negligence, an injured party must show that the negligent party (1) had a duty, (2) breached that duty, (3) that this breach caused a harm, and (4) damages arose from the breach.

A personal injury lawyer can help prove that a medical provider’s actions were the cause of an injury and that the provider had a duty to provide adequate medical care.

Some examples of medical negligence that may qualify as medical malpractice include a medical professional’s:

• Failure or misdiagnosis of a medical condition.

• Misreading or ignoring of laboratory results.

• Surgical errors or performance of unneeded operations.

• Medication errors such as prescribing the wrong medication or dosage.

• Failure to order necessary medical tests.

• Inadequate patient follow-up care.

Proving medical negligence or malpractice is a complex process. It requires a thorough understanding of the law, medical standards of care, and access to relevant evidence. An injured party will be required to show several key elements to make a medical negligence or medical malpractice claim.

The typical components of these cases include:

Establishing the Standard of Care:

Medical providers have a professional duty of care to their patients. In medical malpractice cases, the injured party must establish this standard of care.

If the negligent party is not a medical professional, you must show how a reasonable person would have acted under the circumstances.

Proving a Breach of the Standard of Care:

After establishing the standard of care, the injured party must then demonstrate that the other party breached this standard. This can be accomplished by showing that the provider’s actions or omissions did not meet the expected level of care.

Showing Causation:

There must be a direct connection between the breach of the standard of care and the harm or injury caused. You will have to prove that the healthcare provider’s actions were the direct source of harm.

Proving Damages:

Finally, the injured party must show that they have suffered damages due to the breach of the standard of care. These damages can include physical injuries, emotional distress or financial losses resulting from the harm.

Professional Testimony:

Medical negligence and malpractice cases often require professional testimony from medical experts. This can help establish the accepted medical standard of care and the breach. Professional witnesses are typically other healthcare professionals in the same field who are called upon to provide opinions about the case.

Medical Records and Documentation:

Medical records, documentation, and any relevant evidence regarding the care and injury should be gathered and reviewed. These records can provide critical information about the injured person’s medical history, medical treatment, and the alleged negligence.

Eyewitnesses and Testimonials:

Eyewitness accounts and patient testimonials can help bolster your negligence or malpractice case. They can provide more evidence of a breach of the standard of care.

Legal Representation:

Hiring an experienced medical malpractice attorney can be beneficial to navigating this complex legal process. An attorney will review your case, explore available claims and remedies, and gather evidence.

Negotiations and Legal Proceedings:

Depending on the circumstances of the case, you may engage in negotiations or legal proceedings. Your attorney can represent your interests during settlement discussions or in civil court.