PROVING THE FOUR ELEMENTS
The four elements of medical malpractice are set forth with accuracy by the Journal of Psychiatric Practice. Being injured in the course of medical treatment is not sufficient to constitute a cause of action for personal damages. When a physician, hospital, or other healthcare professional causes injury, disability, or loss of life by negligence, reckless acts, or omissions, you can recover compensation when you prove the constituents of medical malpractice. It is a complex task made more complicated because the responsible parties (defendants) will vigorously contest your claims of liability( who caused your injuries and losses) and consequential damages and losses.
- Establish the duty or care owed by the providers to patients
- Forsaking or breach of this duty of care
- Immediate cause to prove that the breach of duty caused injury to the patient
- Damages include both economic and non economic losses
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Doctors, hospitals, and medical providers who are responsible for treating you have an obligation to provide the same level of care that is expected from another doctor, hospital, or medical provider with similar education, background, or geographic location.
SPECIAL AND GENERAL DAMAGES
Special Damages are known as economic ( tangible) damages including:
- Lost Wages
- Prescription Medicines
- Surgical and Corrective surgery costs
- Rehabilitation costs
- Loss of future compensation and benefits of employment
- General Damages are non-monetary assets that cannot be seen or touched (intangible)
- Loss of life’s enjoyment
- Pain and suffering and future pain and suffering
- Mental anguish (PTSD)
- Disfigurement (scarring)
- Loss of Consortium
- Permanent disabilities and percentages
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PROVING THE FOUR ELEMENTS
- Collecting medical records and reports pertaining to medical treatment
- Expert testimony from medical professionals
- Creating a timeline of events and enumerating involved parties, both defendants and witnesses
- Gather expert economists, data analysts, and professionals in public health and healthcare administration
- Reviewing previous malpractice claims or complaints
THE JOURNAL OF THE AMERICAN MEDICAL ASSOCIATION
Medical negligence is one of the leading causes of death after cancer and heart disease in the U.S. When a health provider, including doctors, clinics, hospitals, and other medical professionals cause injury through negligence, recklessness or omission the law has determined that a violation of the standard of care is medical malpractice.
PRELUDE TO A MEDICAL MALPRACTICE LAWSUIT
After engaging a law firm your lawyer will accumulate medical records, consult with relevant experts and when timely send a demand letter setting forth your injuries to the negligent party’s insurer for payment. Negotiation with the insurance company will commence and, if the adjuster does not agree to a fair settlement, a lawsuit will be filed. Often during the course of litigation discovery methods and depositions will demonstrate the value of your case which are sufficiently persuasive to result in a satisfactory payment to you. If the insurer continue to decline fair damages your lawyer will present your case for a judge or jury to decide.
