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Karnas Law Firm

4 Elements of Medical Negligence

We all run to the healthcare services when we fall sick. We hope to come out of such facilities with better medical states. Unfortunately, we sometimes end up developing more complications due to medical malpractices. A doctor ought to stick to the medical standard of care as doing otherwise is the source of all problems.

When you notice any medical negligence, it is elemental to go to the corridors of justice as this is against your rights. Before you do this, understand the 4 elements of medical negligence.

1.  Breach

Does Health Insurance Cover Car Accidents?During graduation from medical school, a medical doctor takes an oath (The Hippocratic Oath). Through it, the graduate medic pledges to put the patient’s interest before anything else during the practice period.

It acts as a contract that needs honoring. If the doctor fails to fulfill the obligations they pledged, it becomes an automatic breach of contract. This is why as a plaintiff of a medical negligence case, you ought to prove the doctor’s failure to perform to stand a chance of succeeding.

2.  Injury

For there to be viability in a medical negligence case, there has to be the element of injury. It is necessary to have all the evidence you can prove to the court the medical consequences of the treatment. In Tucson, Arizona, the law is clear on what laws protect patients in the medical industry. 

From time to time, you will find Tucsonans filing for medical negligence cases. Most of them succeed through guidance from reliable law experts. While looking for an attorney, check their track record and exposure in the field.

3.  Duty

The third is the element of duty. It captures the situation whereby the patient and the medical service provider have a confidential relationship. At this level, the doctor ought to try and know which problems the patient is going through. A proper diagnosis and treatment suggestion need to be logical to deal with the medical issue at hand.

When a doctor overlooks the proper treatment methods, there are slim chances that the patient will get well. When complication develops out of this, then the affected party (patient) has a legal ground to start a lawsuit.

4.  Damages

Comparative Negligence in Arizona | Karnas Law FirmAfter the doctor’s negligence, some damages attract monetary compensation. This means that there is an assessment of whether it is possible to equate the injury to money. Therefore, the discussion is if it is possible to bring a remedy through compensation.

Besides the physical damages, the financial remedy should cater to the loss due to failure to work. Any other additional expenses such as finding a therapist also have a bearing in this element. While filing the case, have enough support for every further financial loss you incur.

Diagnostic errors in the medical field should not have room. This is why filling a medical negligence lawsuit becomes a sound idea when caught up in a misdiagnosis situation. You need to learn the four elements making a medical negligence case viable. These are the:

  • Damages
  • Duty
  • Injury
  • Bleach

If you experienced medical malpractice while pursuing treatment, finding a Tucson Medical Negligence Lawyer is the first step to obtaining the compensation you deserve. The success of a case still depends on how ready you are to get the witnesses and evidence.

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