Medical Malpractice
Elements of medical malpractice
Medical malpractice laws are on the books in order to protect us from the mistakes that can, and do, happen due to negligence or recklessness. The laws governing medical malpractice differ from state to state, which is why it is important to contact an attorney if you think you have been the victim of medical malpractice, but most states require the following four elements to be proven in a medical malpractice case:
' Duty
' Breach of duty
' Injury/Proximate cause
' Damages
Starting with the first, it must be proven that the doctor or medical professional owed you a duty. This element almost always exists in a doctor/patient relationship. Second, there must have been a breach of duty. In other words, the doctor must have breached the duty he owed to you to provide reasonable and safe medical care. Third, you must have suffered an injury. This element is not as straightforward as it sounds. This means you must prove that the injury you suffered was proximately caused by the doctor or medical professional's breach of duty. Essentially, proximate cause means you would not have suffered the injury had the doctor or medical professional not made the mistake. Lastly, damages must be shown. You must show that your injury resulted in monetary, physical or emotional losses.
Compensation
If you have been the victim of medical malpractice, you may be entitled to receive compensation for the following:
' Medical bills
' Life care expenses
' Loss of wages
' Loss of future wages
' Loss of quality of life
' Punitive damages
Punitive damages are rare, but they are awarded in cases of wanton disregard and are intended to punish the wrongdoer.
Statute of Limitations
The statute of limitations for medical malpractice cases differs from state to state, ranging from 1 year to 4 years.
About the Author:
If you or a loved one has been the victim of medical malpractice, please visit the website of the experienced medical malpractice attorneys at The Yost Legal Group serving the Baltimore, Maryland area today.