What Four Things Must Be Proven in a Medical Malpractice Case?
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What Four Things Must Be Proven in a Medical Malpractice Case?
Call Our Law Firm For A Free Review: 800-392-4529
What Four Things Must Be Proven in a Medical Malpractice Case?
To prove a medical malpractice case, four things must be present: 1. a professional duty owed to the patient; 2. breach of that duty; 3. injury caused by the breach; and 4. resulting damages.
What Four Things Must Be Proven in a Medical Malpractice Case? Medical Malpractice lawyers: Jeffrey Pribanic, Ernest Pribanic and Victor Pribanic (left to right): call today for free a legal consultation 800-392-4529.
What Four Things Must Be Proven in a Medical Malpractice Case?
To prove a medical malpractice case, four things must be present: 1. a professional duty owed to the patient; 2. breach of that duty; 3. injury caused by the breach; and 4. resulting damages.
What Four Things Must Be Proven in a Medical Malpractice Case? Medical Malpractice lawyers: Jeffrey Pribanic, Ernest Pribanic and Victor Pribanic (left to right): call today for free a legal consultation 800-392-4529.
In order to prove liability in a case of medical malpractice, an injured patient must show that the physician acted negligently while providing care and that the negligence led to injury. To do so, four legal elements must be present: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Professional duty owed to the patient: The general idea of legal duty is that in civilized society each person owes a duty of reasonable care to others. Extending this concept to the professional setting, where a doctor provides service to a patient, the doctor is said to owe a duty of reasonable professional care to the patient.
Breach of duty: To show that a breach or violation of professional duty occurred, a patient must invoke the concept of standard of care. To establish breach of a standard of professional care, expert witness testimony becomes essential since a jury of lay persons will likely be unable to understand the nuances of medical care.
Injury caused by the breach: To prove this element, the injured plaintiff must show a direct relationship between the alleged misconduct and a following injury.
Resulting damages: A medical malpractice claim generally concludes with a calculation of damages. Since monetary damages are easy to calculate and administer, courts hearing medical malpractice cases will determine money damages to compensate the injured patient.
If you feel that you were put at risk due to medical malpractice, call Pribanic & Pribanic today. We are dedicated to helping those injured due to medical negligence and we will help you recover the damages you deserve.
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“If you have questions about what four things must be proven in a medical malpractice case, call one of our injury lawyers for help: 800-392-4529“
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Our Team of Medical Malpractice Lawyers have helped victims since 1982.
Our Team of Medical Malpractice Lawyers have helped victims since 1982.
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“What should I do if I experience health problems?”
First, seek medical treatment if you are developing health symptoms. Second, consider getting a baseline of your entire health, like blood tests and organ function, in case anything changes. And there are other steps you can take to improve your chances of securing compensation, like preserving evidence. Take photographs or videos of anything involved that you think led to your injury.
It is also important to be careful about what you sign or what you say to companies involved in your injury. They are trying to limit their liability and may try to get you to sign documents or make statements that hurt your case. To ensure your rights are protected in your state consult with an experienced attorney first.
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