Medical malpractice claims occur when a patient is harmed by a physician or other medical professional who fails to provide proper health care treatment. Fortunately, it doesn’t occur too often. The causes for medical malpractice cases commonly include:

  • Misdiagnosis or Late Diagnosis
  • Medication Errors
  • Childbirth Injuries
  • Anesthesia Errors
  • Surgery Errors

The Elements of a Medical Malpractice Cases

There are four fundamental elements that make up a plaintiff’s burden of proof in order to win a medical malpractice claim. The first is the standard of duty. Medical professionals are charged with a duty to abide a certain level of care. The standard of care is that of what a competent, prudent physician in good standing would do under similar circumstances. And since medicine is technical in nature, medical malpractice plaintiffs must provide a sworn statement from another doctor that the standard of care was breached. In order to prove the second elman and woman speaking with doctorement, breach of duty, medical expert testimony must be given in court.

Causation is the third main element. It must be proven that the medical professional’s actions or lack of actions was the proximate cause of the plaintiff’s injury or harm. And it’s not an element that’s always easy to prove. Lastly, damages must be proven. This is often done through medical bills and medical reports documenting the injury. Damages may be psychological, physical, emotional and more. Plaintiffs are entitled to economic, non-economic and sometimes punitive damages. Punitive damages are intended to punish the offender for, especially negligent action. While the laws vary from state to state, some states have a cap on non-economic damages.

Medical Malpractice Lawyers

If the four elements of a medical malpractice case exist, you’re on your way to having a credible medical malpractice claim But, if you really want to know if you have a medical malpractice case, consult with a medical malpractice attorney. Medical Malpractice lawyers are the legal experts who can review the specific facts of your case and help you determine if you have a viable medical malpractice lawsuit. Turn to the experienced lawyers in Charlotte, NC at Campbell & Associates. This law firm has over 60 years of combined experience helping clients with medical malpractice claims secure a fair settlement. Give them a call today for a consultation.