To prove medical negligence, you must establish the four elements of negligence that led to an injury resulting in damages, such as medical bills and pain and suffering. If you have suffered an injury or experienced the wrongful death of a loved one due to medical negligence, you may have a legal right to sue and recover compensation. Schedule a free consultation with a personal injury attorney immediately to determine eligibility.
How Do You Prove Medical Negligence Occurred?
A significant benefit to retaining legal counsel is that your medical negligence attorney assumes the burden of proving the four elements of negligence. They are highly effective at meticulously analyzing circumstances, presenting findings, proving negligence, and securing settlements. The four elements of negligence are as follows: duty, breach of duty, causation, and damages.
Duty of Care
Duty of care states a professional duty owed to a patient. It can be established by proving that a doctor-patient relationship existed, regardless of the number of visits. Medical bills and records documenting the relationship can prove the duty of care.
Breach of Duty
A breach of that duty involves a medical professional neglecting to uphold the standard of care. Proving medical negligence means showing the insurance companies and court that the healthcare provider didn't provide the same reasonable care and treatment that another medical professional would have under the same circumstances.
Causation
Establishing causation involves proving the healthcare professional's medical negligence caused harm or injury to the patient. This can be more challenging with medical malpractice because many times, victims were already ill or injured when seeking treatment from the at-fault healthcare provider.
An experienced medical malpractice attorney will help establish that a new injury was caused by provider negligence and is not part of a victim's pre-existing condition.
Suffered Damages
You must provide evidence that the medical negligence caused actual damages. These damages may include economic and non-economic losses suffered as a result.
Economic Damages Caused by Medical Negligence
Economic damages are calculable losses endured because of the medical negligence suffered. Typical economic damages include:
- Medical Costs: Past and future medical bills, surgery expenses, and prescription costs.
- Rehabilitation Costs: Past and future rehabilitation expenses, such as physical therapy, chiropractic care, audiology, occupational therapy, and vocational therapy.
- Disability Costs: These include costs for mobility and transportation equipment, including wheelchair ramps, stair lifts, lower countertops, accessible bathrooms, and wider doorways, as well as for disability-related home-based healthcare.
- Lost Income: Income losses include earnings, salary, bonuses, promotions, and benefits —health, retirement, and pension.
Medical negligence victims should keep records of all out-of-pocket economic expenses with the necessary documentation, such as receipts, invoices, and billing statements.
Non-Economic Damages Caused by Medical Negligence
Non-economic damages are intangible losses commonly referred to as —pain and suffering. They are non-monetary damages that your lawyer will ascribe monetary value to in your medical negligence claim, such as:
- Mental anguish and emotional distress
- Decreased quality of life (loss of enjoyment and activities)
- Disability or impairment
- Disfigurement
- Worsening of existing injuries
- Loss of consortium or companionship (wrongful death)
Many states cap non-economic medical malpractice damages. Ask your lawyer if and what the cap is regarding non-economic damages in your state. No state has a universal cap on economic damages because they are monetary losses documented by their paper trail.
Are Medical Negligence and Medical Malpractice the Same?
Medical negligence and malpractice are similar in that they both cause harm to a patient. However, the two differ regarding intent (negligence) and awareness (malpractice).
Medical Negligence
Medical negligence occurs when a medical professional decides or carries out an action that causes accidental harm to a patient. Examples of medical negligence include:
- Misdiagnosis, such as diagnosing a patient with a strained back muscle when they have a kidney infection
- Improper administering or prescribing of medication
- Improper use of medical equipment and devices
- Failure to diagnose, such as missing the symptoms of cancer or heart disease
- Failure to order appropriate medical imaging, testing, and labs
- Failure to properly monitor a patient
- Failure to obtain informed consent
- Botched surgeries
- Leaving medical instruments inside a surgery patient
Omissions that fall below the level of care a similarly trained healthcare professional would have provided are also considered medical negligence. Speak with an attorney if you're a victim of medical negligence to recover expenses immediately.
Medical Malpractice
Medical malpractice occurs when a medical professional knows the potential danger or consequences before making a mistake. Medical malpractice often occurs when guidelines and procedures aren't properly followed. Examples of medical malpractice include:
- Working with or on a patient while drunk or impaired
- Performing operations without necessary pre-tests qualifying the patient
- Operating on the wrong body part
- Operating on the wrong patient
- Surgical mistakes like failing to remove all cancerous growths
- Anesthesia errors
- Childbirth mistakes, such as failure to monitor the baby, mishandling, improper use of medical instruments, and not identifying fetal distress signs
Wrongful death is an extreme case of medical malpractice resulting in the loss of a family member. Surviving wrongful death victims (spouse and family) may have a right to recover financial compensation for damages, such as medical expenses incurred before their death and pain and suffering.
When Can I Sue for Medical Negligence?
A victim can sue for medical negligence when it becomes malpractice, meaning it causes injury and actual damages to be recovered. Remember the four elements of negligence —if a healthcare professional owed a duty of care and breached it without causing injuries and damages, the medical negligence doesn't constitute malpractice, and there is no legitimate claim.
For example, if a healthcare provider misses administering a medication dose. It technically constitutes a negligent act, but if it didn't cause injury to a patient with proven damages, it's not a fileable claim.
What Will a Medical Malpractice Attorney Do to Help You?
There are many benefits to retaining a medical malpractice lawyer to help you prove medical negligence. In addition to being educated and experienced, these are other ways their services add value to your suit:
- File and organize all paperwork, ensuring meeting legal deadlines
- Investigate your claim thoroughly, including gathering evidence
- Communicate with insurance companies and opposing prosecution on your behalf
- Secure larger settlements using their honed negotiation skills and understanding of insurance company schemes to delay and deny claims
- Represent you through litigation in court if your case requires trial (most do not)
Call a Medical Negligence Lawyer Today for a Free Consultation
Most medical negligence attorneys work in a contingency fee-based arrangement, meaning there are no upfront costs to retain legal representation.
Schedule a free consultation with a medical malpractice lawyer to discuss the merits of your case and eligibility for financial compensation.