What are the Elements of a Medical Malpractice Case?

ruling on medical issueDoctors do not always provide the care their patients expect and deserve. Sometimes doctors are so careless that their patients suffer injuries that require even more medical treatment.

Victims of these situations may be able to file a medical malpractice lawsuit to pursue fair compensation for the damages caused by the doctor's recklessness, such as compensation for medical bills and lost wages. However, you need to prove certain things to have a chance of success in your case.

Below, learn about the elements of a successful medical malpractice case. If you were a victim of malpractice, contact one of our Windsor medical malpractice lawyers for a free, no obligation legal consultation.

What is the Standard of Care?

Medical professionals are under an obligation to provide patients with treatment that meets the standard of care. The standard of care differs depending on the type of care or treatment provided, but in general is the accepted standard of the medical community. When the standard of care is met, it means the medical professional acted in a way that another similarly trained medical professional would have acted if he or she was in a similar situation.

When a medical professional fails to follow the standard of care, patients can be injured or even killed. A medical professional who makes mistakes or fails to take necessary action in a medical situation has failed to uphold the standard of care.

Connection to Your Injuries

The medical professional’s failure to uphold the standard of care must be the cause of your injuries, and those injuries must have been foreseeable by the medical professional, otherwise you do not have a valid medical malpractice case. In other words, you must establish a clear link between the medical professional’s failure to uphold the standard of care and your injuries.  

You must also establish that you suffered damages from the breach of the standard of care. If there is a breach but no damages, there is no basis for a lawsuit.

Medical malpractice lawyers use a variety of evidence to support the connection between failure to deliver treatment that meets the standard of care and the patient’s injuries, including detailed medical records as well as testimony from medical professionals who have the same area of practice as the doctor in question.

Your lawyer may also consult experts to review the case and provide an expert opinion on the situation. If he or she concludes that malpractice occurred, he or she can draft a detailed report that will serve as strong evidence in your case.

Contact Our Medical Malpractice Lawyers for Help

If you were the victim of medical malpractice, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.

Contact our Windsor medical malpractice lawyers for a free, no obligation consultation and learn what legal options are available for pursuing compensation for your injuries. We charge no upfront fees and payment is only owed if we recover compensation for you.

Medical malpractice claims are very complex. A qualified medical malpractice lawyer will assist you in supporting your case, gathering the needed evidence and expert opinions that link the defendant’s failure to uphold the standard of care to the injuries you suffered.

Call (866) 320-4770 or complete our Free Case Evaluation form now.