Without these four essential elements, a medical malpractice case won’t be successful.
Medical malpractice cases are known to be some of the most complex due to the medical knowledge and expert witnesses required. For this reason, it is important to know what is needed in order to increase the chances of winning your case. Here are the four elements of a successful medical malpractice case.
Duty of Care
The first thing that must be present in order to have a successful medical malpractice case is a duty of care. This is arguably the most simple element of the case because every doctor has a duty of care to their patients. This means that they are obligated to provide the best care and treatment possible. All you need to establish a duty of care is the presence of a doctor-patient relationship.
Breach of Duty
This is where things begin to get more complicated in a medical malpractice case. The next element is proving that the doctor breached the duty of care that they had. In other words, you are trying to prove negligence. This means that any other reasonably competent doctor would have acted differently in the same situation which could have avoided the injuries caused. If it was an unavoidable mistake and their actions still met up to the standard of care, then there is no medical malpractice case.
Causation
Just because you sustained injuries or suffered a worsened condition while seeing a specific doctor does not mean that their mistakes caused your injuries. In order for a medical malpractice case to be successful, you must be able to prove that the doctor’s mistake directly led to the injuries that you sustained. If the doctor made a mistake during a procedure but no direct injuries resulted, then there is no causation.
Damages
The final element in a successful medical malpractice case is the damages. The victim has to be able to show that they suffered damages that can be compensated in the form of money. This can be both economic and non-economic. Economic damages are direct financial losses such as medical bills and lost wages due to missed work days. Non-economic damages are things like the mental and physical pain and suffering the patient endured as a result of the injuries.
Have You or a Loved One Suffered Injuries as a Result of Medical Malpractice? Contact The Snyder Law Group Today!
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts settlements*. Please visit our website,www.410thefirm.com, for more information and follow us on Facebook,Twitter,Google +, and LinkedIn.