The 3 Elements Of A Medical Negligence Claim
Being the victim of medical negligence is one of the scariest scenarios for a person to consider. How do you address the problem? Who pays to help you get better? Do you need to sue to get compensation for your pain and suffering?
Every medical negligence attorney approaches their clients' cases in a structured manner. If you want to understand how a claim works, it's helpful to appreciate how these three elements come into play during a case.
Establishment of a Patient-Doctor or Patient-Provider Relationship
Responsibility for medical negligence almost always falls on someone who entered into a relationship where they were expected to provide care for a patient. This can involve a wide range of parties, including doctors, nurses, and medical technicians. Medical organizations, such as general practices, hospitals, and clinics, can also be named as at-fault parties.
An overt declaration of the relationship does not necessarily need to exist. For example, an ER doctor takes on the relationship when they begin to treat a patient regardless of whether any agreement is ever signed. It's the decision of a medical professional to provide treatment that establishes the relationship.
Professional Standard of Care
The law allows some room for the fact that every doctor is going to handle every case a little differently. However, there is also a broad understanding that practitioners have accepted standards of care.
It's not uncommon for a medical negligence attorney to bring in expert witnesses to explain why a professional's actions were beneath a recognized standard of care. An expert might explain, for example, that a particular heart bypass technique hasn't been taught in more than two decades because it is known to raise stroke risks. This would bolster the case of someone who suffered brain damage and was suing because a doctor used the outdated technique.
Harm
Legal damages are generally assigned only in cases where some form of harm can be demonstrated. In most medical negligence cases, this means showing how a professional's actions hurt you.
Your attorney would then explain what the costs associated with the injury have been. This might include outlining the cost of additional surgeries, physical therapy, and even mental health counseling. Damages are frequently awarded for other forms of harm, such as the loss of earning potential and the inability to affiliate with your spouse.
If a case of negligence was especially egregious, punitive damages might be awarded. These are meant to punish the practitioner rather than to just make things square with the patient.
For more information, contact a medical negligence attorney.