Proving Breach of Duty In A Medical Malpractice Claim
It is an unfortunate yet common occurrence that either your doctor or a loved one has acted carelessly during diagnosis or treatment, causing potential harm. To protect the well-being and health of you and your loved ones, filing a negligence claim against your doctor will require you to prove that their duty of care was breached. This process has specific requirements that are important to consider, especially if you seek proper compensation. Here, the medical malpractice attorneys at the Law Offices of Evan K. Thalenberg discuss the process of proving a breach of duty in a medical malpractice case as well as how they can provide you with the proper assistance to achieve the compensation you deserve.
What Is Medical Negligence?
Medical negligence, also known as medical malpractice, occurs when a doctor or primary care provider performs a careless act, either during treatment or diagnosis, which was inadequate or even caused injury or harm to the victim. Several different types of medical malpractice can occur failure to diagnose, improper treatment, and failure to warn. Failure to diagnose occurs when a doctor either fails to diagnose or misdiagnoses a patient. To have a medical malpractice case, you must prove that another physician could discover an accurate diagnosis. Improper treatment occurs when a doctor provides incomplete treatment, incorrect treatment, or simply behaves in a manner in which another qualified physician would not have. Failure to warn occurs when a doctor fails to provide warning for possible risks for treatments or procedures, possibly causing injury or harm to the patient.
How To Prove Breach Of Duty
In order to prove that your doctor or physician breached their duty of care and that you may have become a victim of medical malpractice, your attorney must prove several key factors. Primarily, you must prove that there was a doctor-patient relationship present and that the doctor agreed to provide proper care or treatment and warn the patient of any potential risks, therefore establishing a duty of care. It must also be proven that the treatment, care, or lack thereof, was inadequate or not along the same standards of another similarly trained medical professional. Furthermore, it must be proven that the patient suffered some form of quantifiable damages, such as hefty medical expenses, as well as an established connection between the harm or injury caused to the patient and the doctor’s breach of duty of care.
Medical Malpractice & Statute Of Limitations
There is a strict timeline in regards to medical malpractice claims, often referred to as the statute of limitations, which places a time limit in which one can file a lawsuit after experiencing an injury. This time limit generally lasts up to one year, however, there are some exceptions. In some cases, medical negligence or malpractice is not always evident right away. It may take longer than a year to discover the harm or injury that was caused, but as long as a case is filed within five years from the date of negligence or within three years of the date of the discovery, you should still be able to successfully file a medical malpractice claim. However, in the case of a wrongful death, an unfortunate yet common occurrence due to medical negligence, the claim must be filed within three years of the death.
Seek the Assistance of a Medical Malpractice Attorney
If you or a loved one has been injured or harmed by the medical negligence of a doctor or care provider, you may be entitled to compensation for the financial expenses and emotional suffering you have endured. The skilled and experienced attorneys at the Law Offices of Evan K. Thalenberg want to assure you that you are not alone. Their experience in medical negligence and malpractice can provide you with the confidence and guidance you need in a medical malpractice claim. To speak with a medical malpractice attorney about your claim or to learn more, contact us today.