Have you suffered an injury after being treated by a doctor? Do you think a physician may have acted negligently in treating you, causing you harm? You may have a viable medical malpractice case.
There are four elements to a basic medical malpractice case. If you can satisfy these four requirements, you may be able to recover a significant settlement to compensate for your injuries. You’ll also send a powerful message to the medical community that they need to exercise reasonable care in the performance of their duties.
Here are the components of a case you must meet in order to file a claim.
1. Duty of Care
In order for you to be able to sue someone in the medical profession for malpractice, they must have what is called a “duty of care” towards you. They must have a relationship with you where they are reasonably expected to render care to the best of their abilities.
The doctor who performs your annual check-up has a duty of care to notice if one of your test results looks suspicious. An EMT has a duty of care to know how to give CPR competently if summoned through 911.
However, if you are talking to someone at a party who tells you they’re a doctor, they don’t automatically have a duty of care towards you.
Let’s say you start describing symptoms you have and this ‘doctor’ diagnosis you with a rare disease, based on your ailments. If it turns out they were wrong, you don’t necessarily have a case against them. Meeting someone at a party doesn’t create a duty of care: there needs to be a patient-doctor relationship or its equivalent.
2. Breach of Duty
A medical malpractice case requires evidence showing that the doctor, nurse or other professional breached their duty of care to you. You need to show that they were obliged to act reasonably within the circumstances, and if they did not, they may be liable.
For example, if they were drunk during your surgery, that would be an example of negligence or gross negligence. If they dropped a piece of candy in your body while performing surgery, that would show lack of care.
Being unsuccessful in rendering medical care does not necessarily mean someone is guilty of malpractice. If a doctor tried to save someone’s life to the best of their abilities but failed, they wouldn’t necessarily be liable for the death. After all, they did everything they could to save them – meaning they upheld their duty of care.
Things like being unlicensed or having a lapsed certification may demonstrate a breach of duty. If you have questions about the person who provided you insufficient care and whether you may have a claim against them, check with a medical malpractice attorney (click here for more information).
3. That Breach Caused the Injury
The doctor’s lack of care must be the direct cause of the subsequent harm in order to have a valid malpractice suit. Amputating the wrong limb is a pretty egregious example of malpractice.
However, getting sick or injured after seeing the doctor doesn’t automatically establish a claim. If you went to a doctor and then played soccer and woke up with a twisted ankle, your injury may be from the game, not the doctor’s negligence.
4. Damages
You have to prove that you suffered an injury to receive compensation in a malpractice case. If you see a doctor who gives you a faulty diagnosis but you didn’t incur injury due to their mistake, you may not have a claim.
Note, however, that your injury doesn’t have to be physical. If you were told you had cancer or another serious disease and it turned out the doctor was wrong, you may still have a claim for emotional pain and suffering.
Your claim for damages may include medical costs in addition to lost wages and the inability to perform daily tasks, functions, or the things you enjoy most.
Speak to an Attorney if You Think You Have a Medical Malpractice Case
If you’re considering filing a medical malpractice case, you should speak to a professional who has experience in this area. You need to determine when the injury occurred, whether you have an argument against the doctor or health organization involved, and whether it may be worth the time and effort necessary to bring a lawsuit.
Check with an attorney to see whether you should file suit. For information on legal templates, procedures, and services, check out other articles on our site!
