Medical malpractice occurs when a doctor, surgeon, nurse, anesthesiologist or other type of medical professional engages in a medical negligent standard of care that harms a patient.
Medical malpractice can happen in many ways, it can include:
- surgical errors;
- medication errors;
- birth injuries; and
- diagnosis errors.
Elements in a Medical Malpractice Case
Medical malpractice involves four elements:
- injury; and
Duty refers to an implied doctor-patient relationship, and may be the easiest element of malpractice cases to establish when filing a claim. Negligence means that the doctor did not perform up the expected standards of care. He or she did something or failed to do something that violated the standard expected of other reasonable professionals in the same position.
If You Were Injured Then You Have Grounds for Dunn Medical Malpractice Claim
Injury is another requirement of a medical malpractice claim. The injury can include physical or emotional damages resulting from the doctor's negligent actions. If the doctor’s actions – even if they were negligent – caused no injury, then no suit can be filed. Cause must connect the doctor's actions to the injury. The patient must be able to prove that the doctor caused the injury.
As easy as this may seem, medical malpractice laws can be complex. Expert witnesses may be called upon to testify that the doctor did in fact deliver a medical negligent standard of care that caused harm to the patient. An attorney is often very important in these cases to navigate the claims process and to contact experts in the field who may testify in the case.
Legal Help in Malpractice Cases
If you suffered an injury caused by a medical negligent standard of care, contact Dunn attorney Brent Adams. He can review your case of medical malpractice and help you fight for compensation for damages you have sustained. Contact his office today at 800-849-5931.