What’s A Strong Medical Malpractice Claim? - Judge Striking Mallet With Stethoscope At Desk

What’s A Strong Medical Malpractice Claim?

Medical Malpractice Lawyer

If you have incurred an injury as a result of what you believe to be negligent medical care, make sure you understand the elements required for strong claims before putting yourself through the lengthy process of a medical malpractice lawsuit. Read the information below to gain an understanding of whether you may have a valid medical malpractice lawsuit on your hands.

Four Legal Elements of Medical Malpractice

In the United States, there are four legal elements that must be proven in order for the plaintiff to have a chance at succeeding in a malpractice claim. The injured patient needs to demonstrate that the medical professional provided care negligently and that he or she was injured as a result of the care provided. To prove this, the following four elements must be established:

  1. Professional duty was owed to the patient
  2. Breach of that professional duty occurred
  3. Injury or injuries occurred as a result of that breach
  4. The patient incurred damages

If an attorney can prove the four elements above, then there is a chance that the injured party could succeed in a medical malpractice lawsuit. Medical malpractice suits may involve varying levels of compensation associated with the claim as well as a variety of other damage payments or benefits. 

Malpractice Laws Vary By State

Laws governing medical malpractice claims vary by state. In most states, monetary compensation for injuries resulting from medical malpractice or negligence is awarded only when a patient can prove that the care they received was below generally accepted medical standards. Additionally, the patient must prove that they suffered an injury as a result. Further, the malpractice claim must be filed in a timely manner with the statute of limitation as prescribed by the state.

How Damages Are Awarded

Monetary damages are determined by the court. Typically, those damages are for economic loss that includes lost wages and cost of past and future medical expenses, as well as pain and suffering in some circumstances. Pain and suffering is calculated by a few different factors and the amount will also vary from case to case. A lawyer can provide further details regarding this amount and give additional details as to how it is calculated.

Filing a Malpractice Claim

If you believe you can prove the elements of a medical malpractice claim, look into attorneys who specialize in these lawsuits in your local area. Meet with a few attorneys and provide them with any information they need to determine whether they feel you may have a strong case. Ask each attorney you meet with what their rate of success is and how much they charge for their services. Typically, attorneys will charge a percentage of their clients’ winnings in a court case.

Contact a medical malpractice lawyer residents turn to from a firm like Hall-Justice today to find out whether you may have a strong medical malpractice lawsuit on your hands. Waiting too long to bring about a case could make the process more difficult as time goes on. 

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