Medical Malpractice: Factors to Consider to Determine If You have a Case
If you sustained an injury because of negligent medical care, you may be able to hold the at-fault health care provider for medical practice. But, this can only be possible if some factors are present. You will want to consult with a reliable yuma medical malpractice attorney to discuss your claim and determine if you can seek compensation for your injuries. You may have a malpractice case if the following are present:
There Was an Established Doctor-Patient Relationship
To form this relationship, the doctor agrees to diagnose the condition of the patient and offer them medical treatment. If this relationship is established, the doctor legally owes the patient a duty of care and must offer competent treatment that follows the standard the medical community holds.
The Doctor Failed to Uphold their Duty of Care
To have a medical malpractice case, the patient must show the doctor did not uphold their duty of care owed to them. A breach of duty in the medical field can come in many forms including prescribing wrong medications, prescribing incorrect medication dosages, surgical errors, and administration of the wrong kind of medication. Usually, a medical malpractice attorney will use expert witnesses to prove a breach of duty.
Causation Should Be Proven
A medical malpractice claim can only be valid if caution is proven. Thus, the actions or inaction of the doctor is associated with the patient’s injury, has worsened the condition, or cause additional harm. It is imperative to prove that the injury or worsened condition directly resulted from the doctor’s negligence.
The Patient Suffered Damages
For a successful medical malpractice claim, the patient must prove they suffered damages because of the negligent treatment they get from their doctor. When successfully proven, the patient can be awarded compensation for the cost of additional medical treatment or loss of income because of missing work.
If you have sustained an injury because of a doctor’s negligence, a personal injury attorney can help get the compensation you need for your medical bills, lost wages, and pain and suffering. The lawyer will review your case and inform you of your legal options if you decide to pursue your medical malpractice claim.