Doctors and medical staff are held to a high professional standard. For the most part, medical professionals meet these demands and treat patients to the best of their ability.
Unfortunately, there are occasions when medical professionals may fail to meet their obligations and the care they administer falls below accepted standards. If a patient is injured as a result of this failure, they may be entitled to file a medical malpractice suit. For a medical malpractice case to gain traction, the following four elements must be satisfied.
The duty of care
A duty of care refers to the expected level of care that all medical professionals are supposed to provide for their patients. The point at which this duty is owed is typically from the moment that the medical professional has spoken to the patient about their condition. For example, if a patient attends a consultation, a duty of care is owed from this point.
A breach of the duty of care
The next step in malpractice cases is establishing whether or not a breach of duty occurred. It’s important to note that not all mistakes and errors are considered breaches. Medical professionals are only human, which means they can make honest mistakes. However, should a dereliction of duty fall well outside the expected standard within the field, this could amount to a breach. For example, if a doctor diagnosed a serious health condition yet failed to prescribe any form of treatment for it.
A causal link
There must also be a direct link between the injury suffered by the patient and the breach of duty. For instance, if a doctor prescribed a medicine that they knew the patient was allergic to.
Damages
There must also be quantifiable damages. These can include physical pain and suffering, lost wages, medical expenses and any form of loss resulting from the injury.
You have a right to be treated appropriately by medical staff. If you have been let down, it may be a good idea to seek legal guidance.
