Areas Of Negligence
Medical Malpractice cases are complicated. Whether it involves a doctor, nurse, psychologist, therapist or other medical professional, there are four areas of negligence that must be established.
- An abrogation of a duty owed by a health care provider to the patient. A legal duty exists whenever a patient enters a hospital or healthcare provider for treatment.
- There was a failure to exercise the degree of care used by reasonably careful practitioners of like qualifications in the same or similar circumstances. This is known as conforming to a relevant standard of care.
- For a plaintiff to collect damages in a court of law, the plaintiff’s attorney must show that the provider owed the patient a duty and that the provider’s violation of the standards of care caused the patient’s injury.
- There must be damages. Without damages there is no basis for a claim.
A doctor can also be held liable for the following:
- Misdiagnosing a problem;
- Failing to treat the injury or illness properly;
- Administering the wrong medication;
- Failing to adequately inform a patient about the risks of a procedure or about alternative treatments;
Even if you think you can establish liability, the organization you are suing must have the resources or funds to pay the damages. Typically, this isn’t an issue with doctors, hospitals, or clinics. Insurance companies often step in to cover the damages of these parties.
