Few relationships in life require more trust and faith than the relationship a patient has with their doctor. We go to doctors when we are at our worst and expect them to do everything they can to make us better.
I’m Jordan Redavid, and like you, I know that doctors cannot fix all problems, and not every doctor can be right every time. But we have a right to expect all doctors to provide a certain standard of care and not to make negligent mistakes.
When doctors fail to meet these standards and cause injury to patients, they are liable for the damages they cause and must be held accountable. But proving medical malpractice is no simple matter. Your medical malpractice attorney must show several factors are present.
Elements of a medical malpractice case:
You had a doctor-patient relationship. (Or, in the jargon of tort law, a duty was owed.)
A doctor is always obligated to give patients the best care and advice they can, but only to patients who actually are under their care. A doctor giving casual advice to an acquaintance would not meet this standard.
Your doctor was negligent. (The duty was breached.)
It’s not enough that the doctor couldn’t cure someone’s disease or was not able to remove a patient’s entire tumor. Doctors need only demonstrate a “reasonable” level of skill, care, and competence in their work. For medical malpractice to occur, the doctor must be shown to have deviated from some accepted standard of care.
The doctor’s negligence caused injury. (The breach cause an injury.)
Sometimes everyone gets lucky and the doctor’s negligence doesn’t actually affect the patient in any way. Perhaps another health care provider corrects their error. Too often, however, the patient suffers actual injury as a result of the negligence.
The injury harmed you in some way. (The injury caused damage.)
It is possible for a minor injury to be basically harmless. In many cases, however, victims experience physical pain, emotional suffering, increased medical expenses, and more time away from work. Damages may take all these forms, and they are all compensable if your case meets the above standards.
In order to qualify as an instance of medical malpractice, your case must display each of four distinct elements. If any element cannot be shown to have occurred, you do not have a medical malpractice case.EMAIL JORDAN
It can be difficult for a layman to understand whether they are a victim of medical malpractice. And even when they are, it can be difficult to prove. If you think you may have a medical malpractice case, call me, Jordan Redavid, for a free initial consultation.
Was the doctor in the wrong? Do you have a case? What extent of damages can be shown? I’ll give you the straight answers and tell you if I can help you. As with all my personal injury cases, I only get paid if you do. And I will not hesitate to take your case to trial if necessary.
Hire this lawyer, it will be the best decision of your life.