A successful medical malpractice claim must have several key components. Failure to meet these elements and you may be setting yourself up for failure. So what exactly are the key components of a medical malpractice case?
First you must first show the existence of a patient-doctor relationship, which is probably the easiest element to prove in a medical malpractice case. If your healthcare provider agreed to provide treatment to you, then the relationship exists.
In order to amount to medical malpractice, treatment must fall below an accepted medical standard of care. The standard of care is defined as what another doctor or professional healthcare provider would do in the same situation. If a healthcare provider does not meet the standard of care, they are considered to have committed medical negligence. In most cases, it is necessary for expert witnesses, such as doctors and other healthcare professionals, to testify about what a competent healthcare provider would have done in the same situation.
A healthcare provider can fail to meet the standard of care without having committed medical malpractice. You must show that the doctor’s actions (or failure to act) resulted in your injury. Again, this may necessitate an expert witness.
Finally, you must provide details of the harm you suffered, whether it is the cost of additional medical treatment or the income you lost because of your inability to work. In addition, you may be able to recover damages for pain and suffering endured because of the doctor’s negligent care.
If you have been injured by a doctor or other healthcare professional, contact our Tulsa medical malpractice lawyers at Saint & Watzke, PLLP today.
Call (918) 721-0998 or contact us online. We are available to take your call 24/7.