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Home Law

What are the 4 elements of malpractice?

by Anny Gibson
02/06/2023
in Law
What are the 4 elements of malpractice?
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Patients place a lot of trust in medical professionals. From doctors and nurses to dentists and pharmacists, patients often assume those professionals know best. While they do train and study hard to gain their positions, healthcare professionals are people, just like everyone else, and they are subject to error.

Research indicates that nearly a quarter of a million annual fatalities can be directly attributed to medical malpractice. When medical professionals act negligently, the consequences can be catastrophic.

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A victim’s best recourse is to partner with a specialized attorney like Inland Empire medical malpractice attorney.

A skilled medical malpractice attorney can help recover financial compensation for the damages suffered if they can prove the 4 elements of a medical malpractice case.

Here’s what you need to know about those elements.

1.Duty of Care

All trained professionals are subject to something called a duty of care. Medical professionals have industry standards and accepted standards of care. While each professional may vary a bit in practice, they are required to provide patients an accepted standard of care according to industry benchmarks. Establishing a duty of care in court is relatively straight forward. Your Inland Empire medical malpractice attorney will help you prove that duty existed and your medical professional breached that duty causing significant injuries.

2.Breach of Duty of Care

While medical procedures carry a certain degree of risk, medical professionals are still required to act responsibly and provide patients with a certain standard of care. It can be difficult to prove that medical professionals acted negligently or deviated from the expected standard of care. It often takes the skills of an experienced professional, like one from Inland Empire medical malpractice attorney, to prove a breach of duty.

3.Injury Directly Caused by Such Breach

To win a malpractice suit, your Inland Empire medical malpractice attorney must prove that you suffered damages because of the breach of duty. This particular element must prove that the injuries and damages you suffered were directly caused by your physician’s negligence. When medical professionals deviate from the accepted standard of care, patients often suffer catastrophic injuries.

4.Damages Suffered as a Result of Injury

If your surgeon operated on the wrong leg or your physician misdiagnosed your condition leaving you to seek additional care, you can likely sue for damages like medical expenses and lost wages. Every case is unique but some of the damages can often include emotional distress. Your Inland Empire medical malpractice attorney can discuss the details of your case and help you seek adequate financial compensation for your injuries.

Partner with an Inland Empire Medical Malpractice Attorney

People put their trust in the medical professionals who care for them. When those professionals deviate from the accepted standard of care and you suffer serious injury, it’s important to partner with an Inland Empire medical malpractice attorney who can fight for your rights. Medical malpractice can turn your life upside down.  If you feel you or someone you love may have been the victim of medical malpractice, contact an Inland Empire medical malpractice attorney today. They will listen to your story and fight to get you the financial compensation you deserve.

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