What to Prove in a Medical Malpractice Case
For the majority of patients, the assumption of going to a doctor’s office or other healthcare facility is that your injuries or ailments will be treated effectively and without any issues. However, each year, there are thousands of individuals who suffer harm due to medical malpractice or other serious errors.
These cases can be extremely complex, so it’s important to have a thorough understanding of the three elements of medical malpractice that need to be proven to have a successful claim. Here is breakdown.
- A Healthcare Provider and Patient Relationship Existed
The first and foremost important aspect of a medical malpractice claim is proving that there was an existing relationship between the patient and healthcare provider—and that this provider owed a duty of care. In the legal world, this duty of care comes down simply to whether the physician agreed to treat a patient at the patient’s request.
- The Healthcare Provider Breached Their Duty of Care
The second element that must be present in a medical malpractice claim is evidence the healthcare provider breached their duty of care. This means that they did not act how a similarly trained and skilled professional would have under the same or similar circumstances.
This is often one of the most difficult aspects of a medical malpractice claim to prove, so working with a skilled attorney who understands which evidence to look for is beneficial.
- The Patient Sustained Damages as a Result of This Breach
Lastly, it’s not enough to simply show that a duty of care was breached, but patients must also be able to show they suffered damages as a direct result. These damages can come in the form of physical injuries, emotional distress, or even financial losses.
Get Started On Your Medical Malpractice Claim Today
Although medical malpractice claims may be challenging to navigate, working with a skilled attorney can help ensure you receive the compensation you are entitled to for damages. With over 150 years of combined experience, the team at Maring Williams Law Office is prepared to take on even the toughest battles on your behalf.
Schedule a consultation with our team today by calling (701) 402-6644.