The Journal of Psychiatric Practice provides this succinct summary of conditions that constitute as the four elements of medical malpractice—referred to here as “the four Ds”: Show
A lawyer will seek evidence to show that these four elements of a medical malpractice case exist as they pursue compensation for their client. More on Medical MalpracticeThe legal term medical malpractice refers to a medical professional’s act or omission that deviates from the accepted medical standard practice. The accepted medical standard practice refers to whether the care that another physician of the same or similar education and background would prescribe to a patient under the same or similar circumstances. For a free legal consultation, call 800-641-8998 When to Consider Legal Action for Medical MalpracticeMedicine is not a perfect science. Sometimes a patient suffers injury or passes away even when physicians practice at the highest standards of care. On the other hand, if a physician or other healthcare professional caused injury, illness, or loss of life through reckless acts or omission, you may be able to recover compensation. Medical malpractice cases are complex. A lawyer can identify if your case upholds the four elements of medical malpractice to hold a negligent practitioner or facility accountable. Our medical malpractice lawyers can help you move forward with a civil action if you were the victim of medical negligence. Once you understand your situation, you can explore one or multiple legal venues to hold the responsible party or parties accountable and get the compensation you deserve. Your Doctor’s Duty of Care for Your Health and SafetyFundamentally, a medical malpractice case must establish that a doctor-patient relationship existed between the plaintiff and the defendant. If a physician was treating you, then they owe you the same duty of care that would be expected of another doctor of the same or similar education, background, or geographic area. Doctors have an obligation to their patients—one of upholding accepted medical practices without deviation or omission. Click to contact our personal injury lawyers today Understanding Breach of DutyA physician can breach their duty of care to a patient in many ways which would be grounds for a medical malpractice case. Some examples include:
Your physician may not have acted maliciously, but the result is the same: you or a loved one became ill, injured, or disabled because of medical negligence or error. Complete a Free Case Evaluation form now How Negligence Caused Your Injuries or IllnessA medical malpractice lawyer will uncover evidence to show a relevant and plausible connection between a doctor’s negligence and your injuries. In some cases, a clear and easily defined causation of injuries exists. For example, if your surgeon removed your spleen instead of your gallbladder. In other situations, connecting the doctor’s breach of duty to your injury or illness presents a greater challenge. Some of the factors to consider in a medical malpractice case include:
A defense lawyer may argue that you have a pre-existing condition that caused your injury or illness. For this reason, you should consider hiring a medical malpractice lawyer who can build a strong and compelling case. Proving Damages in a Medical Malpractice CaseAll personal injury cases, including medical malpractice, must show that you sustained damages as a result of your injury or illness. You could receive an award consisting of two types of damages: special and general. Special damages consist of specific, quantifiable losses that might include:
General damages consist of less tangible losses. They may include:
In our experience, negligent medical professionals rarely come forward to admit liability or wrongdoing. For this reason, victims often hire teams of lawyers and investigators to uncover the evidence. An investigation of the four elements of medical malpractice within a case may include:
A law firm will also compose a demand letter of your damages and present it to the negligent party’s insurer for payment. They will negotiate with the insurance company, and, if the adjuster does not agree to a fair settlement, the attorneys can file a lawsuit and present the case for a jury or judge to decide. Ben Crump Law, PLLC Offers Free Case EvaluationsIt takes time to prepare a medical malpractice case (see: Florida Statutes § 766 for reference), and each state enforces its own statute of limitations. Consider contacting a medical malpractice lawyer today to learn more about your legal options. For a free, no-obligation case evaluation, call Ben Crump Law, PLLC: 800-641-8998. Call or text 800-641-8998 or complete a Free Case Evaluation form Which of the following is the legal term for a person claiming to have been harmed quizlet?Define plaintiff. A plaintiff is a person claiming to have been harmed by a defendant in a court of law. Give 3 scenarios in which a phlebotomist may be held liable.
Which of the following terms represents the failure to perform an action that is consistent with the accepted standard of care?Negligence is: A general term that denotes conduct lacking in due care; Carelessness; and. A deviation from the standard of care that a reasonable person would use in a particular set of circumstances.
Which of the following is a legal basis for most medical malpractice cases?The basis for most medical malpractice claims involves four elements: duty, breach, injury, and damages.
What are the safety issues and legal ramifications of what the phlebotomist did?If a phlebotomist intentionally holds a patient down or uses more force than necessary, he has committed battery. This can not only end a career, it can lead to ruinous lawsuits and criminal charges. Another issue that falls into the category of assault and battery is use of a dirty needle.
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