Medical malpractice occurs when a medical professional deviates from the accepted medical standard practice. The accepted medical standard practice refers to whether another physician would have taken the same steps while treating a patient. When you visit a doctor, you expect to walk out of treatment healthier than before. But that does not always happen.
Some medical providers may be negligent in their work and cause harm to the patient while treating them. They may suggest the wrong medication or treatment plan that worsens the patient’s health. If you were wrongfully treated by a medical provider, you deserve compensation. Consult with Albany Medical Malpractice lawyers today.
Three elements of medical malpractice
1. Negligence.
Not only in medical malpractice, negligence is also an important element to prove in every personal injury case. Unless you determine which party was at fault, you cannot recover your damages or file a claim against them. Negligence is when a person acts recklessly and causes harm to another.
In medical malpractice, negligence occurs when a medical provider deviates from the accepted standard of care and causes injury to the patient. In order to prove that your injuries were a result of negligence on the doctor’s part, you must gather enough solid evidence.
2. Causation.
The next most important thing in medical malpractice is proving causation. In causation, you need to prove that the doctor’s or any other medical provider’s error in your treatment was the direct cause of your injury or illness. This also means that your injuries were not caused by any other factor, such as a completely different accident.
For example, if your leg was amputated or your loved one was paralyzed, you must gather evidence to prove that the provider’s negligence caused it.
3. Damages.
All personal injury cases, including medical malpractice, require you to prove your damages, such as your injuries and other losses like lost wages and loss of enjoyment of life. Proving damages can be one of the most complex parts of a personal injury case. While some injuries are obvious and straightforward, some are difficult to prove.
Moreover, if you already had injuries when you were injured, the other party might use it against you and say that their actions did not injure you. However, an attorney in Albany can help you prove that your existing injuries were aggravated due to the medical provider’s actions.
These are the three most important elements in a medical malpractice claim. Fighting a claim alone is never easy or a good idea. Consult with a legal expert today.