These cases can be complex and often require the testimony of medical malpractice experts to establish the standard of care the medical professional owes the patient and to show that the care provided fell short of that standard.

If the plaintiff successfully proves that medical malpractice occurred, she may be able to recover damages, such as medical expenses, lost wages, and pain and suffering.

Elements of a Medical Malpractice Lawsuit

The four main elements that must be present in a medical malpractice lawsuit include:

Duty

Duty refers to the obligation of a health professional to a patient to provide a certain level of care. This obligation arises from the professional relationship between the healthcare provider and the patient, based on the healthcare provider’s education, experience, and specialty.

For example, a physician must provide care to a patient following the standard of care acceptable to the medical community. This standard of care will vary depending on the medical situation and the case’s particular circumstances.

breach of duty

Dereliction of duty is the failure of a healthcare provider to meet the standard of care owed to a patient. This can happen when the healthcare professional makes mistakes, exercises poor judgment, or does not follow proper procedures.

To establish dereliction of duty in a medical malpractice lawsuit, an attorney must show that the medical professional failed to provide the proper standard of care to the patient.

Causality

Causation is the link between the healthcare professional’s action (or inaction) and the patient’s injury or harm. The two types of causation that must be present to establish a medical malpractice claim are:

  • Causation is the “contrary” test, which means that the healthcare professional’s actions (or inaction) were the direct cause of the injury or harm suffered by the patient.
  • Direct causation is the relationship between the breach of duty by the healthcare professional and the injury or damage suffered by the patient. An attorney must show that the injury or damage was a foreseeable result of the medical professional’s breach of duty.

For example, if a doctor nose-dives to diagnose a patient’s illness, worsening the patient’s condition, an attorney would establish causation and proximate causation.

The worsening of the patient’s condition would not have occurred “if it weren’t for” the doctor’s failure to diagnose the disease; it was foreseeable that the patient’s condition would worsen if the healthcare provider did not treat it correctly.

Damage

Damages are one element that must be present in a medical malpractice lawsuit. They refer to the damage or injury suffered by the patient as a result of the action (or inaction) of the healthcare professional.

The different types of potential damages in a medical malpractice lawsuit include:

  • Economic damages: These cannot be calculated with a precise amount, such as lost wages, medical expenses, and loss of earning capacity.
  • Non-economic damages – These cannot be calculated with a specific dollar amount, such as pain and suffering and loss of enjoyment of life.
  • Punitive Damages – These are damages intended to punish the healthcare professional for particularly egregious behavior and to discourage others from engaging in similar behavior. Punitive damages are only awarded in cases anywhere the medical professional’s conduct was reckless or intentional, making them rare.

To obtain compensation, the patient must prove that she suffered actual harm or injury as a result of the actions (or inaction) of the healthcare professional.

In conclusion

A medical malpractice lawsuit is necessary when a patient has been injured or suffered damage due to substandard care provided by a medical professional. If you believe your injury or damage was caused by the medical professional’s actions (or inaction), consult an attorney at a website such as ChicagoMedicalMalpracticeLawyers.com or any other reputable law firm in your jurisdiction.

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