To establish a medical malpractice case, there are five elements that generally need to be demonstrated:

• Duty of care: The healthcare provider (such as a doctor, nurse, or hospital) must owe a duty of care to the patient. This means that there was a professional obligation to provide treatment that meets the accepted standards of medical practice.

• Breach of duty: It must be shown that the healthcare provider breached their duty of care by failing to meet the appropriate standard of care. This breach typically involves the provider’s actions falling below what a reasonably skilled and careful healthcare professional would have done in the same circumstances.

• Causation: The breach of duty must have directly caused harm or injury to the patient. It should be demonstrated that the patient’s injury would not have occurred if the healthcare provider had not acted negligently.

• Proximate cause: Proof of a direct connection between a negligent act and the injury that resulted from the action.

• Injury or harm: The patient must have suffered some form of injury, harm, or damages as a result of the healthcare provider’s negligence. This can include physical pain, emotional distress, medical expenses, lost wages, or other negative consequences.

Meeting all five of these elements is important for a successful medical malpractice claim. If you believe you have a potential medical malpractice case, call and speak to an attorney at Pribanic & Pribanic today who can assess the details of your situation and provide appropriate legal guidance.

“If you have questions about medical malpractice lawsuits, call our lawyers for help: 800-392-4529“