Medical malpractice occurs when a medical professional makes a mistake that leads to further harm or injury, or even death. However, simply experiencing an undesirable outcome as a result of a medical treatment or procedure does not automatically constitute medical malpractice. There are a number of important qualifications that must be present in order to build a strong medical malpractice case, which is why hiring an experienced medical malpractice lawyer is essential.
Elements of a Medical Malpractice Case
In order to build a solid medical malpractice case, there are a few key elements that need to be present in order to prove that the healthcare provider’s actions were, in fact, malpractice.
The Actions Must Have Taken Place as Part of their Professional Duties
This physician or other medical professional must have been operating in a professional capacity when they gave you the negligent care. It cannot be an acquaintance or friend that you took advice from regarding a medical condition. Medical professionals encompass a variety of individuals who work within health-related occupations such as:
Medical malpractice can occur in places like a doctor’s office, nursing home, emergency room and more.
Their Treatment Must Have Been Below the “Standard Level of Care”
When a medical professional makes a mistake that causes damage or harm to you, you may have a case.
In order to prove medical malpractice has occurred, you must show that the healthcare provider’s actions were negligent because they were below the “standard level of care”.
The definition of standard of care is constantly evolving as courts see more and more medical malpractice cases, but standard of care never means perfection on the part of the medical professional. Generally, standard of care is the consensus among physicians – meaning that the majority of competent physicians within the same field would have the similar judgement and would follow the same procedure.
There are a variety of topics that medical malpractice encompasses, you may have a case if healthcare provider was negligent in areas such as:
- Pharmacy/medication errors
- Inaccurate X-ray evaluation
- Blood transfusion errors
- Birth trauma
- Faulty medical devices
- Amputation of the wrong limb
- Brain injury as a result of operation
- Nursing home abuse and neglect
Due to the broad range of errors and mistakes that can result from medical care, it’s important to seek out an attorney with experience representing clients in medical malpractice suits and settlements.
The Negligent Care Must Have Been the Direct Cause of Injury or Damage
In medical malpractice cases, a direct causation must be shown between the medical professional’s actions and the injury or damage sustained by the patient. Their negligent actions must be directly linked to the medical bills, loss of income, and other tangible and intangible damages included in your case.
Contact Prestidge Law Firm, P.C.
The attorneys are our Yukon law firm are experienced in medical malpractice cases and provide determined representation to our clients. If you believe you have been a victim of medical malpractice, schedule a free consultation with our law firm using our online contact form or by calling 405-577-7703.