Medical negligence, also called medical malpractice, can be complex and confusing. There are elements of medical malpractice that many people don’t know about, making it difficult to understand when negligence has occurred.
In this post, we’ll discuss the different elements of medical malpractice and how to recognize when medical negligence has occurred. Keep reading for more.
What Is Medical Malpractice?
Medical malpractice occurs when a medical professional fails to provide the appropriate medical care or makes errors while providing medical care, resulting in harm to the patient. Medical malpractice cases often involve medical professionals such as:
- Doctors
- Nurses
- Dentists
- Medical technicians
- Other medical personnel
3 Medical Malpractice Elements You Must Know About
When it comes to medical malpractice, there are 3 primary elements that must be established before determining there is a medical negligence case:
#1 Negligence
The medical practitioner must have breached the medical duty of care owed to the patient. This means that the medical professional must have failed to provide medical care according to medically accepted standards. Also, it must be established that the medical practitioner’s failure to provide medical care was directly responsible for causing harm to the patient.
#2 Causation
You must prove beyond a reasonable doubt that negligence was the cause of injury or damage. It’s important to consider how long it takes medical professionals to diagnose medical conditions and the available medical treatment options.
#3 Damages
Lastly, you must demonstrate the harms that resulted from negligence. This can be fairly simple when damages, including death or lost wages, are readily apparent. However, it may get complicated if injuries aren’t instantly visible, like chronic pain. Furthermore, you’ll have to prove how much these losses cost due to the neglectful behavior of another party.
Get Help From Experienced Medical Malpractice Lawyers Today!
If you’re facing medical negligence and need help from a professional medical malpractice attorney, The Valente Law Group is the place to go. With a team of experienced medical malpractice lawyers, we’re equipped to handle medical negligence cases and get you the justice you deserve.
Our medical malpractice attorneys are dedicated to helping you get the medical compensation you need to move forward with your life. Get in touch with us today.