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When you visit a medical professional to receive care for an injury or illness, you expect to get better. However, in rare cases, the person who was supposed to help you may accidentally cause more harm. In this situation, you can file a medical malpractice case to receive compensation for your damages. If you'd like to learn more about this area of the law, and how you can prove your case, consider the following guide.

What Are Common Types of Medical Malpractice?

One of the most prevalent types of medical malpractice is a misdiagnosis, such as a doctor misreading your heart attack symptoms as an anxiety attack, and failing to offer effective treatment. Doctors can also be held accountable for a delayed diagnosis, which is when they provide the correct diagnosis later than they should. Many medical malpractice claims also revolve around surgical mistakes, such as when a doctor operates on the wrong body part, makes an ineffective incision, or uses unsanitary tools.

How Are Medical Malpractice Cases Proven?

There are four fundamental aspects of a successful medical malpractice case: duty, dereliction, direct, and damages.

medical malpracticeFirst, you must establish that the medical professional owed you a duty of care. This means they're required to act in your best interests, and they have enough education and training to protect your well-being.

Next, you'll need to prove that this medical professional was derelict in this duty, or failed to fulfill it. In other words, they didn't act as any other doctor or surgeon with their level of training should be expected to. They may have failed to wash their tools before a procedure, or came to the wrong diagnosis and wrote the wrong prescription. The "direct" aspect means that this breach of duty was directly responsible for your injuries. For example, you experienced harmful side effects because you took the wrong medication.

Finally, you must prove that the damages you're seeking compensation for exist. If the doctor made a mistake but didn't harm you, you might not be able to file a successful medical malpractice claim. To prove your injuries, you'll need to visit another physician or specialist who can diagnose and treat you.

 

If you were a victim of medical malpractice, turn to Love-Sloan Law, LLC in Rock Hill, SC. Led by attorneys Sabrina Love-Sloan and T. Elaine White, this firm has been catering to local clients for over two decades. From car accidents to childbirth errors, these personal injury and medical malpractice lawyers are on your side. To schedule a consultation, visit their website or call (803) 326-0000.

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