Patients are entitled to at least a reasonable standard of care from all doctors and medical staff. When the conduct of a medical professional falls below the expected standard in the industry, this may be negligence. While errors can happen, negligent conduct can give rise to medical malpractice claims.
Four key elements must be satisfied in a medical malpractice claim. These are also commonly referred to as the four D’s of medical malpractice. Outlined below is a more in-depth analysis.
Duty of care
The first point to be assessed in medical malpractice cases is whether or not a duty of care was owed. All doctors owe a duty of care to their patients. This obligation arises from the moment that the doctor agrees to see a patient.
A dereliction of duty
Once it has been established that a duty of care was owed, the next question is whether or not there has been a dereliction of duty. A dereliction of duty occurs when a medical professional deviates from the expected standard of care within the profession. The act or omission must have been a mistake that no other doctor would have been reasonably expected to make.
Damages
A medical malpractice claim is not possible if the patient cannot show quantifiable damages. These could be physical and mental injuries, loss of consortium or lost wages. Evidence to prove damages includes items like pay stubs, medical bills and documentation.
Direct causation
Finally, the negligent act or omission of the doctor must have been the direct cause of the injuries. If the injuries are too far removed from the original event, then the chain of causation is broken.
Seeking legal guidance can help you to learn more about medical malpractice claims.
