The 4 Elements of a Medical Malpractice Claim
The foundation of every medical malpractice claim is proof of negligence, but before a patient can negotiate a claim, the person must prove four elements that combine to establish negligence.
According to sources, negligence is defined as, “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.” In order to prove this, a patient must prove the following:
1. Duty of Care
The patient must prove that the medical professional or facility owned him or her a duty. Each person has a duty to act in a reasonable manner towards the patient.
2. Breach of Duty
The patient must prove that the medical professional or facility breached his or her duty of care by failing to act reasonably towards the patient.
3. Breach Was a Direct Cause of Injury
The patient must prove that the medical professional or facility’s breach was the direct cause of the patient’s injuries. The injuries and damages must be directly related to the medical professional or facility’s failure to act reasonably.
4. Injury or Damage Caused Financial Loss
The patient must prove that because the medical professional or facility failed to act reasonably or carry out adequate procedures and caused the patient to suffer harm or injury, the patient now faces financial loss. Documented evidence for the patient’s damages or injury and related expenses are required for court judgment against the responsible medical professional or facility for the patient to recover a compensation.
Have You Suffered Injury Due to the Negligence of a Medical Professional or Facility?
If you have suffered injury due to a medical professional’s negligent, careless, or reckless actions, we urge you to call our Montgomery County medical malpractice lawyers at Morris Wilson, P.C. right away. Our legal team can examine every detail of your case and determine which strategies can best help you pursue maximum financial compensation.To discuss your case, call our Montgomery County medical malpractice attorneys today!