ESSENTIAL ELEMENTS OF MEDICAL MALPRACTICE
Medical malpractice is a tort of negligence that seeks to award compensation to victims of professional negligence. This type of law was developed on the premise of English common law. Courts have overtime developed legislation that is intended to guard and protect the interests of litigants. Professionals are trusted to discharge their functions diligently and skillfully. Therefore, when a practitioner breaches the trust that is bestowed upon them, then it is incumbent upon the court to punish them and award damages to the claimant. Without such law, it is feasible that the society would be in absolute chaos and disharmony.
Medical malpractice can take several forms, including the prescription of wrong medication, administering incorrect medication, wrongful amputation, misdiagnosis, paralysis and surgical errors. A person aggrieved by such professional negligence can adequately recover compensation through litigation. In such a case, the claimant is mandated to present evidence to substantiate his claim and lay liability on the respondent. Adequate compensation describes successful litigation by the claimant so you need a medical malpractice attorney who is skillful enough to obtain a good settlement based on the circumstances of your case.
However, evidence is not enough. There are elements of negligence that ought to be fulfilled in a successful claim. These elements are listed as follows:
Duty to the patient
Primarily, there should be a doctor-patient relationship in order for a claim of medical malpractice to succeed. Once this relationship is established, then automatically the doctor will be said to owe the patient a duty of care. This duty requires the doctor to exercise his skills professionally and reasonably for the benefit of his patient.
Breach of duty
Having established the existence of a duty of care, it is sequential that the claimant proves that the respondent breached the duty. It should be shown that the doctor failed to exercise reasonable care and that such negligence resulted in harm to the patient.
The negligent actions of the doctor must have caused actual harm to the patient. Harm can be physical or emotional. It should be proven that the injury was as a result of the actions of the doctor. The injury must be new and directly connected to the act of negligence.
Emotional and economic damages are requirements that will substantiate a valid claim.Examples of such damages are loss of income, medical bills, and discontinuance of employment. Similarly, pain and suffering is a form of emotional damage from which you can seek compensation from the court.