4 Legal Requirements of a Medical Malpractice Case You Need to Know

Today medical malpractice is more prevalent than most people would even care to know. According to the study carried out by the Institute of Medicine, almost 100,000 patients die every year due to medical malpractice. Another 1.3 million are injured because of a medical professional’s negligence.

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If in any case your health is compromised or you are injured because of a medical professional’s negligence, then your case may qualify as medical malpractice and you may be eligible for compensation for:

  • Medical costs, bills, and expenses
  • Future medical costs—including any necessary long-term care
  • Time off work
  • Financial loss
  • Pain and suffering
  • And many more.

Legal requirements:

Duty of care

For you to show a violation or even deviation in the way a medic cared for you, you have to prove that indeed the doctor had a responsibility for your well-being – a “duty of care” for your health.

If you allowed a hospital or a doctor to treat you and you received the treatment, then the medic or hospital accepted your request for care and a “duty of care” was established.

Breach of duty

All medical practitioners are always held to an equitable standard of care. Providing health care services that are less than that standard of care amounts to breach of duty.

To prove this, your lawyer must be able to show that your doctor failed to act as he or she is expected under the circumstances. This in most cases needs input from other medical experts of similar specialty.

Also Read : The Basic Requirements for Medical Malpractice

Injury to the patient requirement

If a medical practitioner was negligent, but your health was not compromised as a result of that negligence, then you certainly do not have a case to bring to trial.

A medical issue or an injury that was caused by the doctor’s actions or even lack of action must be present in order to qualify for medical malpractice. The more significant the injury is, the stronger your malpractice case.

Causation tied to medical negligence

For the case to be complete, your attorney must be able to prove that the medic’s negligence directly contributed to the condition or injury you now suffer.

If negligent care cannot be proven, then you certainly do not have a strong malpractice case. Count on your attorney to formulate a strategy to prove causation in your malpractice case.

Experienced medical malpractice attorneys Jacksonville at Hardesty, Tyde, Green & Aston are your best resource to evaluate the merits of your malpractice case.

If you believe that you are a victim of medical malpractice, contact us on (904) 398-2212 to discuss your medical malpractice case.

Also Read : What are the Most Common Types of Medical Errors?

Victim of Medical Malpractice? Call a Jacksonville Attorney Today

Call Us at 904-398-2212