Medical malpractice happens when a doctor, nurse, or other medical professional neglects to provide reasonable care resulting in an injury or death. Errors in treatment, diagnosis, or after care can be the basis of a medical malpractice case.
While accidents are common in a clinical setting, not all are the result of negligence. There are 3 D’s of a medical malpractice injury case, which we will discuss in this article.
1. Duty to Care
The first requirement of a medical malpractice case is the duty to care. The victim must prove that the health care professional had the duty to care. In other words, the medical professional should be licensed and registered. Unlicensed ‘curbside’ consultants are usually exempt from the medical malpractice claim given the absence of the responsibility or duty to care.
The second element of a medical malpractice case is damage due to the negligent behavior of the hospital staff. The patient must have suffered physical or emotional damage while in the clinical setting. The damages can be new or aggravation of an existing condition. They can be in the form of lost wages, medical bills, emotional distress, physical pain, and suffering. In other words, the damages should not just be in the form of financial loss but also harm the psychological well-being of the individual.
3. Direct Cause
Direct cause is the third element of a medical malpractice claim. In order to file a medical malpractice case, there must be solid proof that the injury was caused by the action (or inaction) of the medical personnel. The cause can be proved through evaluating medical records and other evidence.
Usually, the medical personnel will try to prove that the patient was most likely to get injured or die regardless of the action taken.
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A successful medical malpractice lawyer will gather evidence that proves that all the three factors are valid. The plaintiff cannot win a medical malpractice case if the health care professional proves in the court that the above conditions do not exist.
Although medical malpractice cases are common, lawsuits that qualify as medical malpractice case is not. In order to determine whether you can file a medical malpractice lawsuit, you should contact a professional personal injury lawyer.
At Rohde Law Office, we have a team of experienced legal professionals who can best represent your case. We can help you collect evidence that can incriminate the guilty person for the medical practice. In this way, you can maximize your chances of getting maximum possible compensation for your losses.
For more information about medical malpractice requirements, you should contact us by dialing (626) 593-5786. We can provide you complete guidance and advice regarding a medical malpractice case.