What Four Elements Must be Proven in a Medical Malpractice Case?
Many people want to file a medical malpractice lawsuit if they believe they weren’t treated fairly by a doctor, were given an incorrect prescription, or any other reason. Medical malpractice is simply defined as negligence by any healthcare worker that causes harm to a patient, either physical or emotional. This can happen as a result of a particular act on the part of the healthcare worker or the failure to act when needed.
While the simple definition of medical malpractice might make it seem like it’s easy to win a lawsuit, the truth is it’s much more complicated than that to do. For example, if you or a loved one experienced bedsores during a hospital or nursing home stay, simply blaming the healthcare worker isn’t going to help you win the lawsuit. A bedsore attorney in Nassau County has to help you prove the four basic elements in any medical malpractice case: duty, breach of duty, cause, and damages.
Duty is the simplest element a bedsore lawyer in the Bronx has to prove. All you have to prove is that the healthcare worker had a duty to provide the patient care. So in a situation where you or a loved one are in a nursing home, the medical staff member has a duty to monitor any preexisting conditions you have and provide the best care possible. And if you’re unable to walk easily due to an injury or disability, they have a duty to move you around as much as possible to prevent bedsores from developing.
The same type of duty must be proven in a hospital facility as well. The nurses and doctors have a duty to care for patients individually and provide the best care they need. Bedsores frequently happen in patients who have had surgery and are unable to get up for several days. A bedsore attorney can evaluate which medical staff member is responsible for allowing the bedsores to develop, which will help prove duty.
Breach Of Duty
Breach of duty can be a little trickier to prove, especially when multiple medical staff members might have provided care to a patient. When you file a medical malpractice lawsuit, you must prove that the healthcare staff member failed in their duty to provide the specific degree of care the patient needed that a similar healthcare professional in the same field would have done in the same situation. A bedsore attorney in Nassau County can identify a breach of duty, but expert testimony is often required to prove it. This means calling a medical professional at the same level to the witness stand to testify about the appropriate standards of care in the situation. Breach of duty can take a little more effort to prove, but a good bedsore attorney can do it with the right expert testimony.
When proving cause, a bedsore attorney has to prove without a shadow of a doubt that the breach of duty by the healthcare professional caused the injury the patient suffered. The defendant can make many different counterarguments at this stage, so you have to have definitive proof that the specific person the lawsuit was filed against was the reason for the injury. All factors must be evaluated when proving cause, including whether the medical professional acted carelessly or negligently, or failed to act at all. Any patient with preexisting conditions might have to bring forth more proof to the court that those conditions had nothing to do with the new injuries that developed. With a good bedsore attorney that provides plenty of expert testimony, you’ll have a better chance of proving cause.
When it comes to the fourth element that must be proven in a medical malpractice case, you have to prove that the medical professional’s negligence directly caused harm. These damages can be in the form of physical or emotional injuries, and they could be new injuries or even an extension of a preexisting injury. The court will look at many different factors, including how the damages have impacted your quality of life. For example, if you suffered a significant bedsore that got infected to the point where you had to have a body part amputated, there should be sufficient proof that the medical professional is responsible for those damages. Sometimes the damages are obvious to the court, but other times a substantial amount of evidence needs to be provided, which is when working with the best bedsore attorney is valuable.
Sinel & Olesen, PLLC has helped numerous people in medical malpractice cases. If you need a bedsore attorney with experience to represent you, give us a call and we will provide you with a free evaluation. During the evaluation, we will analyze every aspect of the situation, including your quality of life before and after the incident. We leave no stone unturned in medical malpractice cases and go to great lengths to prove the four elements of a medical malpractice case. We have had many successful medical malpractice cases over the years and we are ready to help you. The first step is to contact us to schedule your free case evaluation and then let our attorneys go to work on your behalf.