Medical malpractice is a serious issue in the United States, affecting thousands of people each year. It refers to medical treatment that falls below the expected standard of care, resulting in patient harm. If you have been a victim of medical malpractice, you have the right to seek legal recourse. However, determining if you have a valid case can be challenging.
Four main elements need to be proven to assess a medical malpractice case’s viability. Understanding and being able to demonstrate these elements can assist in deciding if pursuing legal action is appropriate.
The National Practitioner Data Bank (NPDB) is a federal database that collects and maintains information on all licensed healthcare providers in the United States. It tracks malpractice claims and disciplinary actions against healthcare providers. In 2019, over 30,000 medical malpractice claims were reported in the United States, indicating the extent of patient harm caused by medical negligence or wrongful actions. However, it is important to note that not all medical errors constitute medical malpractice.
Duty
Medical providers have a duty of care to ensure their patients’ overall health and well-being. This responsibility holds them legally and ethically accountable, requiring them to provide the same level of care as any other medical provider would in similar circumstances. Proving and establishing this duty is relatively straightforward.
Breach of Duty
A breach of duty occurs when a medical provider fails to uphold their duty of care during treatment. This breach can be categorized as negligence or intentionally disregarding the standard of practice. Examples include a surgeon ignoring safety protocols or performing the wrong procedure. Such breaches hold the provider accountable for their actions.
Injury
To prove the third element, injury, it is necessary to demonstrate that the breach caused physical harm or damage to the patient’s body. This includes worsening conditions or the inability to recover through medical treatment. Fulfilling this element involves establishing a direct link between the breach and physical damage, such as performing a wrong surgery resulting in injury.
Resulting Damages
The fourth and final element is the presence of damages. To build a case, evidence must be provided to show that the medical provider’s negligence resulted in financial losses. This includes decreased wages, increased medical bills due to incorrect treatment, or any other expenses related to the injury caused by the breach. Moreover, damages can extend beyond financial losses to include non-economic damages like pain and suffering, loss of consortium, or mental distress.
The Bottom Line
If you suspect a potential medical malpractice case, these four main elements should assist in identifying the validity of your case. However, consulting a legal professional is recommended to determine the worthiness of pursuing your case. A medical malpractice lawyer can provide guidance in identifying, building, and evaluating your claim.
Contact Gallon, Takacs & Boissoneault for a Free Medical Malpractice Consultation
If you or a loved one has suffered due to misdiagnosis, contact the experienced medical malpractice attorneys at Gallon, Takacs & Boissoneault. We can help you understand your rights and determine if you have a valid claim.
Contact us today for a free consultation.
Kevin Boissoneault, is the President and Managing Partner of GT&B. He began his career at GT&B in 1992 and has built the Personal Injury section into one of the strongest and most successful firms in the region. His hard work and dedication as a compelling trial attorney and litigator has won many verdicts and settlements for his clients and their families. Kevin’s commitment to protecting those who have been injured through accident or negligence has brought justice for thousands of clients.
