Medical professionals are entrusted with the sacred duty of preserving and promoting human life. Despite their training and experience, errors can occur, leading to grave consequences for patients. Errors resulting from negligence or failure to adhere to standard medical practices may qualify as medical malpractice claims. The John Mobley Law Firm has successfully recovered compensation for many clients who were the victims of medical malpractice.
Medical malpractice occurs when a healthcare provider’s actions deviate from the accepted standards of care, resulting in a patient’s injury, harm, or death. These claims typically arise from a breach of the duty of care owed by medical professionals to their patients. Establishing a medical malpractice claim involves proving four key elements:
Duty of Care: The first step is demonstrating that a doctor-patient relationship exists. This relationship implies that the medical professional had a duty of care toward the patient, meaning they were obligated to provide treatment according to their field’s prevailing standard of care.
Breach of Duty: The plaintiff must then show that the healthcare provider breached their duty of care. This breach could involve misdiagnosis, surgical errors, medication mistakes, failure to obtain informed consent, or any deviation from the standard protocols that competent medical professionals would follow in similar circumstances.
Causation: Establishing a causal link is essential in medical malpractice claims. The plaintiff must prove that the healthcare provider’s breach of duty directly caused the patient’s injury or worsened their condition. This aspect often necessitates expert testimony to connect the dots between the negligent act and the harm suffered.
Damages: Finally, the plaintiff must demonstrate that they suffered quantifiable harm because of the healthcare provider’s negligence. Damages may include medical expenses, lost wages, pain and suffering, disability, and other economic and non-economic losses.
Not all medical treatment outcomes that result in unfavorable consequences qualify as medical malpractice. Healthcare providers are not liable for every injury or adverse event during treatment. Some medical procedures inherently carry risks, and patients must be aware of these risks and provide informed consent.
Medical malpractice claims can be complex and require a thorough investigation by experienced legal professionals. Your John Mobley Law Firm attorneys have a deep understanding of medical practices, access to expert witnesses, and the ability to build a compelling case to secure fair compensation for you. Contact us today for a free consultation about your medical malpractice claim.