Four Elements the Injury Victim Need to Show in a Medical Malpractice Case Trial
When we seek medical care, we place our trust in the hands of healthcare professionals. Unfortunately, the Rule of Doctor Patient Privilege records instances wherein medical malpractice occurs. If you have been a victim of medical negligence, it’s best to understand the four elements that need to be shown in a medical malpractice case.
Duty of Care
Duty of care forms the foundation of any medical malpractice case. It refers to the legal obligation that healthcare professionals have to their patients. When you seek medical treatment, you enter into a doctor-patient relationship where your physician has a duty to provide competent and appropriate care.
This duty encompasses various aspects, such as properly diagnosing conditions, prescribing suitable treatments, conducting surgeries with skill and precision, and ensuring proper follow-up care. Essentially, it means that healthcare providers must act in a manner consistent with what other reasonably prudent doctors would do under similar circumstances.
Breach of Duty
One of the key elements that the injury victim needs to show is a breach of duty. This means that the healthcare professional or provider failed to meet their agreed standard of care toward the patient. But what exactly does this entail? Healthcare professionals have a duty to provide competent and appropriate care to their patients. This includes following established protocols, making accurate diagnoses, prescribing proper treatments, and ensuring patient safety.
A breach of duty occurs when these standards are not met. It could be due to negligence, incompetence, or even intentional misconduct on the part …