When seeking treatment from a medical professional, no one expects to sustain a severe injury due to the fault of a doctor, nurse or other caregiver. While accidents happen, no one should suffer due to the fault of another. If you or a loved one has sustained injuries during a medical procedure, you may have a medical malpractice claim and could be entitled to compensatory damages.
How Do I Know if I Have a Medical Malpractice Case?
In order to have a medical malpractice claim, it is necessary to prove that certain elements were present at the time of the injury. Ultimately, in order to have a medical malpractice claim, you must establish that your healthcare professional was negligent when providing medical care and that you sustained harm as a result. In addition to these elements, you must also be able to prove the following:
- Duty – The medical care professional must have had a duty to provide the patient with competent care. This is typically not difficult to prove because once a doctor agrees to provide any type of service, a patient-doctor relationship is exists and thus, duty exists too.
- Breach of Duty – Once duty has been established, a breach of said duty has to be proven too. Put simply, breach of duty essentially means that the doctor or other healthcare professional did not meet an expected standard of care.
- Causation – Proving causation means you must be able to prove that there was a link between the doctor’s negligence and the injury sustained.
- Proof of Injury – The final element of a medical malpractice claim is proving that there were injuries or damages sustained.
When to Hire an Attorney
If you or a loved one was seriously or fatally injured due to the improper care or treatment of a medical professional, you may have a medical malpractice case. Because medical malpractice cases are often confusing, it is imperative to contact a legal professional to help guide you through the process. The legal team at the Khonsari Law Group can help you garner the compensation you or your loved one deserves. Call us today so we can help you determine if your medical malpractice claim constitutes negligence, or click here for a free consultation.