Medical malpractice occurs when a healthcare professional fails to provide proper treatment or care, which then leads to injury or harm to the patient. Examples of medical malpractice may include misdiagnosis, surgical errors, prescription drug errors, or failure to diagnose a condition.
In order to determine if you have a case for medical malpractice, you would need to prove four elements: the existence of a doctor-patient relationship; a breach of the standard of care by the healthcare professional; the breach of care resulted in injury or harm to the patient; and the injury or harm caused damages, such as medical bills or lost wages.
To determine if a breach of the standard of care occurred, expert medical witnesses are commonly consulted to determine whether the healthcare professional acted in a manner consistent with what a reasonable and prudent healthcare professional would do under the same circumstances. Factors such as the patient's medical history, potential complications, and the latest treatment options available may be considered when determining the standard of care.
It is important to consider any potential limitations or exceptions to a medical malpractice claim. For example, some states have statutes of limitations that require a claim to be filed within a certain period of time from when the injury occurred, and other states may require pre-suit notice before filing a claim. Additionally, some states have caps on damages that can be recovered in a medical malpractice case.
If you believe you have been a victim of medical malpractice, it is important to seek legal advice from a licensed attorney. They can help you understand the strength of your case and any potential limitations or exceptions that may apply.
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