As a patient, you place your trust in medical professionals to help you recover from illnesses and injuries. However, medical malpractice can severely harm your health, leaving you with long-lasting effects. Negligent care, surgical errors, and honest mistakes can all result in catastrophic injuries like cardiac arrest, nerve damage, brain damage, and birth injuries.
Certain factors must be proven to win a medical malpractice case and receive the compensation you deserve. The Moore Law Firm's Cincinnati medical malpractice attorneys are experienced in investigating and proving medical malpractice claims.
Rest assured that our team is committed to providing you with the help you need to navigate the complex legal process while offering sincere sympathy for the harm you have suffered. Read on to review four factors that are crucial in establishing a medical malpractice lawsuit.
The Most Important Factors in Your Medical Malpractice Case
Medical malpractice claims are complex, and winning a case requires the ability to prove four key factors. Working with an experienced medical malpractice attorney who can guide you through this process is crucial. Here are the four essential factors to consider when pursuing a medical malpractice claim.
Proof the Medical Professional Owed a Duty of Care
You must first prove that the medical professional owed you some duty of care. A medical malpractice claim may be appropriate against many different medical professionals. These may include doctors, surgeons, nurses, and other medical staff that cause you harm. The duty these individual professionals owe will often differ depending on their training, experience, and credentials.
Unlike other personal injury cases, which primarily use an ordinary negligence standard, medical malpractice claims are based on the medical standard of care. This is the standard of care any other medical professional would use in the same situation. The expectations of each professional differ based on many factors. This can include such factors as:
- The nature of the treatment (i.e., pre-planned, emergency services, etc.)
- The qualifications of the medical professional
- The complexity or simplicity of your medical condition
- The expected outcomes for the procedure or treatment
- The location of the medical treatment
- The expected standard for medical professionals with that level of training
You and your attorney will analyze these factors to determine the appropriate standard of care in your situation. You will then present evidence to prove that the medical professional owed you a particular duty of care.
Proof of Medical Error or Professional Negligence
The second factor you must prove is that the medical professional breached their duty of care by committing a medical error or professional negligence. This means that they failed to meet the standard of care in some way, leading to your injuries. Medical errors and professional negligence can take many forms, such as:
- Surgical errors and wrong-site surgeries
- Medication errors
- Delayed or missed diagnosis
- Pediatric malpractice and childbirth injuries
- Anesthesia errors
Healthcare providers make mistakes, but you must prove them to win compensation. Your attorney will investigate your case to identify the specific medical error or professional negligence that occurred and collect evidence to support your claim.
Proof of Resulting Injury or Wrongful Death
The third factor you must prove is that you suffered an injury or wrongful death due to medical error or professional negligence. This can include physical, emotional, and financial harm. Common injuries in medical malpractice cases include:
- Brain damage
- Nerve damage
- Birth injuries
- Cardiovascular damage
- Lacerations, burns, and other skin damage
- Paralysis or loss of sensation
- Psychological injuries
- Wrongful death
These injuries and the countless others you may face can have life-altering consequences. Your medical malpractice attorney is prepared to investigate and prove what you have been through to facilitate a settlement or jury verdict in your case.
Measurable Monetary Damages
The final factor you must prove is that you suffered measurable monetary damages due to your injuries. These can include both economic and non-economic damages. Economic damages are readily ascertainable with a specific dollar value and are often proved by documentary evidence. Non-economic damage is more subjective, and the judge or jury assigns a dollar value if the case goes to trial. Some examples include:
- Medical bills, both past and future
- Rehabilitation costs
- Costs to accommodate a new disability
- Lost income or future earning capacity
- Pain and suffering
- Loss of companionship and support (loss of consortium)
- Wrongful death damages
- Punitive damages (in limited cases)
Your attorney can investigate what you have been through and the costs you have suffered to determine your monetary damages. You could win a substantial settlement or jury verdict in your medical malpractice case with the right evidence and proof of the above factors.
When You Should Pursue a Medical Malpractice Claim
It can be challenging to know when to pursue a medical malpractice claim. Still, generally, it's appropriate if you believe a medical professional violated their standard of care, and this caused your injuries. You may also suspect a medical mistake if you experience unexpected results or complications from medical treatment, receive a delayed or incorrect diagnosis, hear comments from medical staff regarding the doctor's performance, or lose a loved one unexpectedly.
Most medical malpractice cases settle before trial, but your attorney will be prepared to take your case to trial if necessary.
Find Experienced Medical Malpractice Lawyers
At The Moore Law Firm, our experienced medical malpractice attorneys have helped countless clients obtain compensation for their injuries. We understand the complexities of medical malpractice claims and are here to guide you. We know dealing with medical malpractice can be stressful, and we are here to provide the legal support you need. Our attorneys have extensive experience handling medical malpractice claims and have successfully helped many clients recover the compensation they deserve.
We are committed to investigating your case thoroughly, gathering the necessary evidence, and building a strong case on your behalf. We will work closely with you to ensure that you understand your legal rights and options and keep you informed every step of the way.
If you or a loved one has been injured due to medical malpractice, don't hesitate to contact us today to schedule a free consultation for your medical malpractice case. We are here to help you get the justice and compensation you deserve.