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The Four Elements Of Medical Negligence

It is important to know the elements of medical negligence when pursuing a medical malpractice case.

Many people often correctly interchange the terms medical negligence and medical malpractice. Medical Malpractice is simply a term for negligence committed by a health care provider or medical facility.  In order to prove Medical Malpractice or Medical Negligence, there are four key factors that are necessary, including the following:

Duty

Once a doctor-patient relationship is established, it becomes the doctor’s responsibility to provide the patient with treatment that complies with recognized standards of care. Standard of care is defined as that care which a reasonable prudent health care professional would provide under the same or similar circumstances.

Breach

The second element that is required for a Medical Malpractice or Medical Negligence case is a breach of the standard of care. Essentially this mean that the healthcare professional failed to adhere to the applicable standard of care.

Injury

It does not matter if a health care professional breached the standard of care if there was no direct injury involved as a result. If they chose the wrong treatment and realize that before you receive any injuries, then you can’t successfully bring a medical malpractice case. An injury may also be considered a worsening of your condition as a result of the negligence. With injuries, you must prove that the harm was a direct and proximate result of a health care professional failing to comply with the standard of care. .

Damages

Some people equate damages to injuries, but they are two different things. While an injury is the actual physical harm, the damages refer to the financial aspect of the injuries. To bring a medical malpractice case, the injury must be able to be compensated for with money. For example, if your condition worsened as a direct result of negligence and you had to take more trips to the hospital than usual, you can be compensated for those extra trips. If you missed work because of your injuries, you can be compensated for that as well. They can also take emotional damages into consideration.

Have You Or Your Loved One Suffered From Medical Malpractice? Contact The Snyder Law Group Today

The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents and have secured hundreds of millions in verdicts settlements*. Give us a call at (410)-843-3476 for a free case evaluation. You can also visit our website www.410thefirm.com and follow us on Facebook, Twitter, Google +, and LinkedIn for more information.

 

This entry was posted on Wednesday, March 7th, 2018 at 7:44 pm. Both comments and pings are currently closed.

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