Medical negligence occurs when a doctor’s care falls below the industry’s accepted standards. Proving negligence requires meeting specific legal elements.
An error does not necessarily amount to medical malpractice, as doctors are human and can make mistakes. What matters most is negligence and whether or not the treatment a patient received fell below the acceptable standard in the profession. Below are the key elements of medical negligence.
Duty of care
Doctors owe all patients a legal duty of care. This means they must provide treatment that meets the standard expected of a competent professional in their field. If a doctor agrees to treat you, this duty is automatically established.
Breach of duty
A doctor breaches their duty when they fail to provide the level of care expected in the profession. This could include misdiagnosing a condition, making a surgical error or prescribing the wrong medication. In medical malpractice cases, proving a breach often requires insights from an independent medical professional.
Causation
It is not enough to show that a doctor made a mistake. You must also prove that their actions caused your injury or worsened your condition. This step can be tricky, especially if you already had a serious illness or injury. However, it is certainly possible to show causation with the right evidence.
Damages
To have a valid claim, you must show that the doctor’s negligence resulted in actual harm or damages like additional medical expenses, lost wages, ongoing pain or emotional distress. Without damages, there is no legal basis for a medical malpractice claim.
Medical malpractice cases require strong evidence, including medical records and witness testimony. As soon as you become aware of the harm you have suffered, it helps to seek legal guidance.
