The 4 Elements of a Medical Malpractice Claim
February 28, 2020
It’s easy to look at doctors and other health care professionals as superheroes, but that type of perception is unrealistic. These individuals are humans just like us, which means they’re prone to making errors.
What happens if a doctor’s error is the result of carelessness, neglect, or a simple lack of concern for your well-being? What happens when you get injured because your doctor is too preoccupied with responding to a text message rather than monitoring your vitals? These types of situations are unacceptable. Thankfully, victims do have recourse. They can seek out a medical malpractice claim if they can prove all of the following elements are present.
A Duty of Care
The first thing you must prove in a medical malpractice claim is that the doctor or medical professional had a duty to provide for your care. You can usually prove this element easily by showing that a doctor-patient relationship existed.
A Breach in the Duty of Care
Next, you must show that your doctor breached their duty of care towards you. In medical malpractice claims, that means you must prove that your doctor’s actions and behavior were outside of the scope of the reasonable care that another doctor would have provided.
This is the most challenging aspect to prove in court. It’s difficult to distinguish the difference between an honest mistake and a negligent or reckless mistake. Often, you’ll need to enlist the help of a medical expert witness who can explain to the court how a reasonable doctor should have acted.
The Breach of Duty Directly Caused Your Injury
Next, you must show that the negligence displayed by your doctor directly caused your injury. To prove this, you must show that your injury didn’t exist prior to your doctor’s actions, and they aren’t a result of a pre-existing condition.
Your Injury Led to Specific Damages
Finally, you must prove that your injury led to measurable damages. Damages come in the form of financial loss. Medical bills, lost wages, and disability are all forms of damages. You’ll want to provide the court with documentation that proves these damages. In some cases, you could also seek out compensation for non-monetary damages like emotional pain and suffering.
Contact A Medical Malpractice Attorney for a Consultation About Your Medical Malpractice Case in Pennsylvania
Were you or a loved one injured due to medical malpractice in Pennsylvania? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Pittsburgh medical malpractice attorneys at Quinn Logue, LLC, are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout Pennsylvania, including Pittsburgh and Scranton. Call us today at 412-765-3800 or fill out our online contact form to schedule a consultation. Our main office is located at 200 First Ave., 3rd Floor, Pittsburgh, and we also have offices in Scranton.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.