Medical malpractice occurs when a medical facility or health care professional causes injury to a patient through an act of negligence or omission. In order to move forward with a claim of medical malpractice, the below four elements must be met, which is the plaintiff’s burden to prove (with the help of a medical malpractice attorney).
Duty of Care
The duty of care occurs when a relationship is established between the health care professional/establishment and the patient. Medical professionals and health care establishments have an obligation to their patients. It is their duty to ensure no harm or injury is suffered upon the patient through negligent behavior or errors. It is their responsibility to take all necessary precautions that would prevent such events to occur.
Standard of Care Violation
Standard of care is based on the customary practices of the average health care provider or establishment. In other words, what the average health care provider or establishment would customarily or typically do in similar situations. Patients have the right to assume that they will receive the care that is consistent with these standard practices. Violation of this expectation is basically failing to provide the proper standard of care.
Injury
Examples of compensable injury may include but not limited to: disability, emotional distress, loss of income, substantial medical cost (current, past, and future), pain and suffering.
Causation
A patient must prove to have suffered an injury that would not have occurred had it not been for the negligent activity.
If you think you or your loved one are victims of medical malpractice, you should first contact an experienced lawyer. If you have a lawful claim, the attorney will assist in compilation of evidence and locating expert testimony. In addition, a skilled attorney can be instrumental in pulling the necessary information from reluctant professionals regarding your case.
Danielson Law Firm has law offices in Booneville and Fayetteville, AR.
