Q: What are the elements of a medical malpractice claim?

There are 3 that make up a medical malpractice claim. These are: duty of care, breach of duty, and the breached duty led to injury. To learn if you have a valid case, you should speak with a medical malpractice law firm as soon as possible.

Proving that an individual has been the victim of medical malpractice is not necessarily an easy process. There are important elements that will make for a successful case.

The first element in a medical malpractice claim is the situation where a healthcare professional (nurse, doctor, surgeon, pharmacist, dentist, hospital) had a duty to the patient. In other words, that healthcare professional had a duty to administer care.

The next element is a breach in that duty. Either the medical professional acted or failed to act in a manner that was negligent. An example would be a nurse administering the wrong medication or a doctor failing to properly monitor a patient.

The duty and breach of duty must then lead to injuries. If the patient suffers no injuries, then there is no claim. The injuries must also be serious enough to warrant the pursuit of a claim.

This element of the claim is important since it will determine the types of damages that an individual may be entitled to such as:

  • medical expenses;
  • lost wages;
  • disfigurement;
  • disability; and
  • pain and suffering.

The final element is proving that it was the breach of duty that caused the injuries. In many cases it can be a challenge to prove. But this is why you need the help of an experienced medical malpractice law firm.Consulting with a lawyer about your medical malpractice case should be done as soon as possible since time may be of the essence.

Contacting a medical malpractice Law Firm

When you have sustained a serious injury or lost a loved one because of medical malpractice, you are entitled to seek compensation for your damages and suffering. Consulting with a medical malpractice law firm can help you better understand your rights, determine liability for your injuries, and decide if filing a medical malpractice claim is right for you.

At Gacovino Lake & Associates we have formed a dedicated network of medical malpractice lawyers to serve clients nationwide. Our New York office serves residents of the 5 boroughs with their auto accident, medical malpractice, defective drug, premises liability, and Workers’ Compensation claims. For experienced help with your medical malpractice claim, contact us today – 1-800-246-4878.

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