You have a certain expectation, whether it’s your physician, a nurse, or a surgeon, that all medical professionals must provide their patients with adequate care.
Sure, mistakes can happen, after all, your doctor is human—but sometimes these mistakes are more than innocent errors. You may have grounds for a medical malpractice claim and this means you should be able to recover compensation for your damages.
What are the damages in a medical malpractice case? While every claim is different, most share some common losses.
Elements of a Medical Malpractice Claim
Not every medical mistake automatically means you have a malpractice claim. Medical professionals are human and this means they can make mistakes like anyone else.
Most mistakes are caught and patients quickly receive the necessary care. However, some mistakes are considered reckless or even intentional and this is when you can often file a medical malpractice claim.
So, how do you know if the medical mistake is an accident or something more serious? You must prove the four elements of negligence before you can move forward with a malpractice claim against a healthcare provider or entity. To help inform you, here’s a quick look at the key elements of negligence in a medical malpractice claim.
Duty of Care
All medical professionals and entities like hospitals and clinics owe their patients a duty of care. This means medical professionals are legally required to provide all patients with what’s considered adequate care.
The Hippocratic Oath outlines the duties and actions of all healthcare providers. A crucial part of the pledge is the phrase “to do no harm.” If a physician or other healthcare provider violates any part of the pledge, you may be able to file a malpractice claim if the harm adversely affects your overall well-being.
However, you must also establish the presence of a doctor-patient relationship. This is usually done with your medical records, along with any bills and receipts.
Breach of Duty
If a healthcare provider breaches the accepted standard of care, your claim may meet the second element of negligence. For example, a breach of duty can be anything from misdiagnosing a common illness to dispensing the wrong medication.
Causation
The actions or inactions of the healthcare provider must be the direct cause of your injuries and/or other damages. For example, if a surgeon forgets to remove a sponge after an operation and you develop an infection, the healthcare provider’s negligence caused your resulting injury.
Damages
Your damages are the losses you experience as a result of medical negligence. These can include your medical expenses, lost income, and even non-economic damages like pain and suffering.
To meet this element of negligence, you prove your damages are caused by medical negligence.
Proving a Medical Malpractice Case
Proving a medical malpractice claim is a little more complicated than logging a complaint against a healthcare provider. Remember, you must prove negligence and that a doctor-patient relationship exists.
In other words, you probably can’t file a medical malpractice claim against a random healthcare provider who offers advice in a grocery store aisle.
So, how do you go about proving a malpractice claim against a healthcare provider or entity? You’re going to need to provide evidence, which often includes the following:
- Your medical records
- Expert testimony from other medical professionals
- Eyewitness testimony. This can include statements from nurses and other attending medical professionals.
- Medical and Insurance bills. These can help establish the presence of a relationship between you and the healthcare provider.
You may also want to keep a medical journal, which is a resource where you list your healthcare provider’s names, along with the dates and times of your appointments. You should also keep a record of your prescriptions and any other treatments like rehabilitation therapy.
Don’t forget to jot down how you feel both before and after a visit to your healthcare provider. This also applies to any side effects you may experience from prescribed medications.
Your medical malpractice attorney can help you keep and collect the evidence necessary for proving your claim.
Steps to Take in a Medical Malpractice Claim
If you believe you may be the victim of medical malpractice, you should take a few steps to help protect your claim including paying attention to the statute of limitations. This is the timeline for filing a claim, and the clock starts ticking as soon as you discover the problem.
The statute of limitations varies by state, in Georgia, you typically have two years from the date the injury occurs or is discovered.
Save and Document Everything
If you’re planning on filing a medical malpractice claim, this is a good time to turn into a bit of a packrat. You want to save all documentation relating to your medical care. This includes your bills, receipts, prescriptions, and any instructions your caregiver may jot down. You’re also going to need to request copies of your medical records.
We mentioned keeping a medical journal earlier, and this is a great time to get started writing everything down.
Talk to Your Physician
No one likes being blindsided with an insurance claim, and this includes healthcare providers. Before you jump to any conclusions and presume medical malpractice is the cause of your damages, schedule an appointment with your caregiver to discuss your potential claim.
You may want to bring a close friend or family member along. They can act as witnesses and provide emotional support. Ask the healthcare provider if the issue can be fixed and try to find out why it happened.
Sometimes, the answers to your questions can provide a solution to your health issue. The answers may even help strengthen your medical malpractice claim.
Talk to a Medical Malpractice Attorney
You may be able to file some insurance claims like a minor fender bender without legal guidance. However, medical malpractice claims are often complex.
You must prove all of the elements of negligence, and this can be a complicated process. This is especially true if you’re still recovering from your injuries. A malpractice attorney can help you navigate the legal process and ensure you receive compensation for your damages.
