While no medical professional, doctor, or hospital is ever perfect and positive outcomes can never be guaranteed, every patient has the right to a certain standard of care. Oversights and mistakes by doctors and nurses can result in severe, long-lasting harm, although not every incident automatically qualifies for a medical malpractice claim.
As Weingast Law in Hartford, CT, explains, establishing a medical malpractice claim involves more than demonstrating a mistake was made. In fact, a successful case has to prove the following four things:
- A Doctor-Patient Relationship: This is usually the simplest element to establish since the doctor's agreement to treat you will be well-demonstrated.
- A Breach Of Standard: A misdiagnosis or another mistake is one thing, but medical malpractice has a higher standard. To succeed, your attorney must show some aspect of your care fell below the medically accepted standard; they must also prove another reasonable doctor in the same position would have made a different choice.
- Direct Harm: Another notoriously difficult element of medical malpractice claims is proving a causal link between the negligence and your injuries. In many cases, the defendant will argue your negative outcome is associated with the original condition or some other cause for which they wouldn't be liable.
- Actual Damages: Like any other personal injury suit, a medical malpractice claim requires you to suffer actual physical damages, like further medical expenses and lost wages. While you may be awarded non-monetary and punitive damages, you must be able to suffer physical harm first.
As an experienced local attorney with over 35 years' experience, Weingast Law has the resources and specialized skills to help you collect compensation for your medical malpractice injuries. Visit the attorneys online to learn more about the range of services available, or schedule your free initial consultation and assessment by calling (860) 233-1440.