Medical Malpractice Injury (2024)
ConsumerShield
Reviewed By Adam Ramirez, J.D.
Editor
When a patient suffers an injury due to a medical error, it falls under the umbrella of medical malpractice. This branch of law holds doctors and other medical professionals accountable when their conduct falls below an accepted standard of care, leading to patient harm. ConsumerShield offers insights and what initial steps to take when considering a lawsuit. Read on to learn about duty of care, patient rights and common types of medical malpractice.
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Key Elements of Medical Malpractice Cases
Medical malpractice extends beyond doctors, encompassing a broad spectrum of healthcare providers, including nurses, assistants, and even hospitals. To establish a provider is liable for negligence, a plaintiff must prove:
- The existence of a doctor-patient relationship, establishing a duty of care.
- A deviation from the standard of care, constituting a breach of duty.
- The occurrence of patient injury.
- A direct causal link between the breach of duty and the injury.
Expert testimony from other medical professionals often plays a pivotal role in these cases, providing objective assessments of whether the standard of care was met.
Potential Outcomes of a Medical Malpractice Claim
Successful medical malpractice claims may result in the awarding of both economic and non-economic damages to the injured patient. Economic damages, covering measurable losses like medical expenses and lost wages, and non-economic damages, addressing more abstract harms such as pain and suffering or loss of a limb, are common. In cases of particularly egregious negligence, punitive damages may also be awarded.
Steps to Take if You Suspect Medical Malpractice
Victims of medical malpractice should first address their immediate health concerns, potentially seeking a second opinion or corrective treatment. It's crucial to be mindful of legal time limits, as medical malpractice claims are subject to statutes of limitations. Gathering and securing relevant medical records is also a vital step in preparing for legal action.
Legal Help with Medical Malpractice Claims
Navigating the complexities of medical malpractice claims can be daunting, especially given the intricate legal principles involved. Consulting with an experienced medical malpractice attorney, many of whom offer free initial consultations, can provide invaluable guidance.
Understanding the legal landscape of medical malpractice is essential for anyone who believes they have been the victim of medical negligence. From grasping the basic principles and potential damages to taking legal action, ConsumerShield’s attorneys can help you every step of the way.
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