Elements of a Medical Malpractice Claim

Elements of a Medical Malpractice Claim

Elements of a Medical Malpractice Claim  In an usual scenes in an hospital, medical professionals are doing their best on assisting patients on their way to recuperation and maintaining their status of recovery through multiple and various medical means. But, human as we are, we make mistakes and so medical professionals do, though unfortunately, these blunders committed by them often lead to putting patients in harm or adverse events such as sustenance of injury, development of worse health condition, or even death. This specific phenomenon is called malpractice and a legal action or option that a patient may take is medical malpractice. In legal terms, malpractice is an occurrence where a patient was treated with negligence or omission by a medical professional that has resulted in harming him/her in the process while medical malpractice is a legal action that is caused by an occurrence of malpractice. Oftentimes, people are confused where they'd put themselves at the line of filing a claim or settling it with the medical professionals themselves and do the due process. In this blog, we are going to disseminate information about what are the conditions that must be met for a patient who suffered or has sustained injuries from malpractice.  According to Journal of Psychiatric Practice, there are four elements that constitute the grounds for a case to be considered a medical malpractice and referred to it as the "four D's":
  • Duty of care to patients is established
  • Dereliction or negligence of duty of care
  • Direct cause or the negligence has caused the patient to sustain injuries
  • Damage were done with proof and evidences identified as economic and noneconomic losses that the patient suffered.
Understanding Negligence In Malpractice

Negligence is a term that covers wide scope of actions, specifically in field of medicine, so here are some common forms of negligence in malpractice:

  • A surgical tool or material is left inside the body after the surgery
  • Misdiagnosis or inaccurate diagnosis
  • Mismedication and overdosage
Ryan LLP If ever one of your family members or closests friend has been involved in a hospital accident or malpractice who have sustained either minor or significant injuries and even a possible case of amputation because of a medical professional has shown apparent negligence and recklessness and caused an accident and render the victim to have life-threatening injuries and condition, you can always refer help from a professional experienced injury lawyer to smoothen things out as your hired lawyers can help you decide from their factual and legal advices. Ryan LLP is an Ohio based injury lawyer that represents victims of personal injury caused by car accidents, medical malpractice due to medical professional's negligence, and even wrongful death against large companies, agencies and even individuals. We have 40 years of experience doing our service in this field and evidently successful with our civil litigations. Call our office now for free legal consultation.

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