Mistakes happen, even in the medical field. When a doctor makes a mistake, it could lead to their patient being injured. However, just a simple mistake is not likely to qualify as a medical malpractice case. Instead, the case needs to be examined carefully to determine if medical malpractice did occur and if the patient is entitled to compensation for their injuries. The four elements that must be proven for a medical malpractice case include the following.
There Must be a Doctor-Patient Relationship
There must be a doctor-patient relationship for the case to qualify for medical malpractice. This is typically the easiest element to prove as it just needs to be shown that the patient hired the doctor and was seeking medical advice for them. It’s not enough for the patient to have spoken with the doctor as there are times when someone may have spoken with a doctor, but not have hired them for medical advice, such as when they’re talking with someone in a personal setting.
The Doctor Must Have Been Negligent
The case must show that the doctor was negligent. This means that the doctor did not uphold the basic standards of care. This is where many cases may end as the doctor may have made a mistake, but the mistake was not made of negligence. It can be difficult to determine if negligence is applicable in a case, which is why the patient will want to speak with a medical malpractice law firm tucson az about their case. This element is typically fact-specific, so many people will not be able to prove negligence without legal assistance.
The Negligence Must Have Caused the Injury
If a doctor makes a mistake but the patient is not injured, there is no case. The negligence must cause the patient to be injured and the patient must be able to show that the negligence most likely contributed to their injuries. For a medical malpractice case, it is not necessary to prove the negligence beyond a doubt caused the injuries, just that is it likely they did. This may be proven through medical records of prior and current care or by showing how the injury occurred.
The Injury Causes Specific Damages
If a patient is injured but they do not have any damages, there isn’t a case. There must be damages for the patient to receive compensation. Damages typically include medical bills to correct the injury or to recover as much as possible, lost wages while the patient recovers from the injury, and related expenses the patient has as a direct result of their injuries.
If you have been injured as the result of medical care, you could have a medical malpractice case and could be entitled to compensation for your injuries. However, it can be difficult to prove medical malpractice because of the main elements that need to be proven. If you have been injured and would like to look into compensation for your injuries, make sure you speak with a lawyer about your options today.