The Elements of a Medical Malpractice Case
While the rules and timeline of medical malpractice cases vary depending on the circumstances of the incident, there are a few basic elements that remain consistent across most cases.
Was There A Doctor-Patient Relationship?
In any medical malpractice case, you have to show that there was a relationship with the doctor you are filing the claim against. The basic foundation of a doctor-patient relationship must prove that you hired the doctor and frequently visited them for your treatment.
Was the Doctor Negligent?
Being unhappy in your treatment is not grounds for medical malpractice, and it does not show that the doctor is liable. You must prove that the doctor acted in a way that a competent doctor, under the same circumstances, would not have. A majority of medical malpractice cases require that the doctor failed to adhere to a medical standard of care.
Did the Doctor's Negligence Cause the Injury?
Many medical malpractice cases involve patients who were already sick or injured, so it can be difficult to prove that the fault lies in the doctor's negligence and not in the victim's pre-existing condition. This element of a medical malpractice case typically requires the testimony of a medical expert to help determine negligence and liability.
Did the Harm Lead to Specific Damages?
Did the patient suffer harm? Even if it's obvious that the medical professional in question acted incompetently, the patient must have suffered harm that led to specific damages.
Damages a patient can claim include:
- Physical pain
- Mental anguish
- Additional medical bills
- Loss of wages
The Devastating Impacts of Medical Malpractice
A failure to provide standard medical care or treatment is referred to as "medical malpractice". If you or someone you love was injured because a medical professional failed to provide the level of treatment or care that you deserved, you may have grounds for a medical malpractice lawsuit against the responsible individual or facility.
There are a number of different types of malpractice claims that a person may have, stemming from different behavior by a negligent medical professional. Our law firm handles all of these, including:
- Medication errors
- Anesthesia malpractice
- Surgical errors
- Emergency room errors
- Cancer misdiagnosis
- Birth injuries
- Plastic surgery malpractice
Our firm also has experience in helping the victims of heart attack misdiagnosis. This is a potentially deadly form of medical malpractice that should be taken very seriously. We believe in holding doctors responsible for their responsibility to recognize the signs of a heart attack and administer the proper treatment.
Protecting the Rights of Injured Patients for Decades
Our attorneys have over 50 years of combined experience as well as extensive resources to apply to your case. We understand how difficult this time for you and your family may be, and you can rest assured knowing that we are on your side until the very end of the case. Because medical malpractice claims are often technical in nature and involve evidence that may be difficult to evaluate, our know-how and access to expert witnesses will play an important role in our ability to seek a positive case result.
Your initial consultation with a medical malpractice lawyer at our law firm is free and confidential. We recommend that you act quickly and call us today to discuss your particular case with an attorney to find out whether you have grounds for a lawsuit. You may be racing the clock to secure the evidence you need to hold a doctor, nurse, or other medical professionals accountable for his or her actions. The earlier we are able to get involved, the greater the impact we will be able to have on your case.
Contact our Oklahoma City medical malpractice lawyer to learn how you can pursue justice and fair compensation for your injuries. Consultations are free, call today!