April 22, 2022 | Medical Malpractice

When things go wrong with our health, we trust that health professionals including doctors and nurses will take care of us and help us find a solution for the problems that ail us. Many times this is true. However, there are instances when healthcare professionals fail those that trust them with their lives. When healthcare professionals or institutions fall short of their legal and professional responsibility towards you, you may have a basis to file a claim for medical malpractice.

The Four Elements of a Medical Malpractice Claim

A medical malpractice claim allows injured patients to hold healthcare professionals or institutions to account for their negligent or reckless conduct. Injured patients or the survivors of those that have lost their lives as a result of medical negligence can recover financial compensation for damages including increased medical bills, loss of wages, inability to make a living, disability and much more. These claims can also help the injured persons or the survivors seek justice against negligent or reckless healthcare professionals.

In order to file a medical malpractice claim, your case must fulfill four key elements. These are:

Duty of care

In order to establish a medical malpractice case, you must establish that there was a doctor-patient relationship between you and the healthcare professional(s) you are filing a claim against. You must show that the healthcare professional owed you a duty of care.

This element of a medical malpractice claim often isn’t difficult to establish. If you were being treated by a doctor for example, the doctor owed you the same duty of care that would be expected of any other doctor of the same or similar educational level, professional background and within the same geographical area.

Breach of duty

The second element of medical malpractice claims is much harder to establish. In fact, this is the part of the medical malpractice claim that is often the source of much contention. This is because you must show that the healthcare professional’s actions (or lack thereof) were in breach of the duty owed to you.

In proving a breach of duty it is important for patients to understand that not all bad outcomes of medical procedures are the result of negligence or recklessness. There are some cases where patients die or their conditions worsen despite the best efforts of their doctors. There are also some treatments that patients agree to that have risks or can result in negative side-effects.

In order to show that the healthcare professional breached their duty you must show that the professional failed to exercise the same standard of care that would be expected from a healthcare professional of the same education, experience and within the same geographical area. There are several factors that will need to be considered in order to establish a breach of duty. This often requires expert testimony from other medical professionals.

Some examples of a breach of duty that would qualify for a medical malpractice lawsuit include:

• Misdiagnosis
• Delayed diagnosis
• Surgical mistakes
• Failure to diagnose
• Premature discharge
• Birth injuries
• Improper administration of anesthesia

Injury caused by the breach

In order to be successful with your medical malpractice claim, you must also prove that the healthcare professional’s actions (or lack thereof) were directly responsible for your injuries or illness. This will mean that the healthcare professional is liable for your injuries or condition and therefore ought to pay compensation for the damage they have caused.

In some cases, it is easy to show that the illness or injuries were the result of the breach of duty. For example, if a surgeon left a surgical instrument in a patient’s body and the patient developed complications as a result, the surgeon will be held responsible for the damages suffered by the patient.

In other cases, it is much harder to prove that the injuries were a result of the doctor’s actions. For example if the patient developed a chronic condition years after a medical procedure, it may be difficult to prove a link between their current condition and the procedure they received years earlier.

Damages resulting from the injuries

You will also have to show that the injuries or illness you suffered resulted in damages. Damages may include the expense for additional medical treatment, loss of wages as a result of not being able to return to work, the inability to make a living.

You may also be entitled to seek various other damages including pain and suffering, loss of consortium, loss of enjoyment of life and many others. It is important to seek the guidance of an attorney to help you determine what damages you are entitled to. Your attorney will also help you determine approximately how much your case is worth.

Get in touch with us to speak with an experienced and knowledgeable medical malpractice attorney in Omaha.

Medical Malpractice Attorney Omaha