Many people have heard the term “elements of medical malpractice,” but few understand the true meaning of the phrase.
In order to understand how this might apply to your case, contact one of the accomplished lawyers at Baird Mandalas Brockstedt & Federico, LLC.
What Are the Elements of Malpractice?
The basic elements of medical negligence are:
- Duty
- Breach
- Causation, and
- Harm.
You must prove each one of these four elements to prevail in a medical malpractice lawsuit.
1. Duty
Health care providers have a duty to their patients to adhere to the standards of care.
2. Breach
If a health care provider does not provide the medical care expected by a reasonably competent practitioner under the same or similar circumstances, that practitioner may have breached the standards of care.
3. Causation
Once it has been proven that a health care provider breached the applicable standards of care, a plaintiff must demonstrate that the breach of the standards of care was a proximate cause of an injury.
4. Harm
When seeking damages in a medical malpractice case, a plaintiff can ask to be compensated for a variety of losses, including:
- Lost wages
- Pain and suffering
- Medical expenses
- Lost Household services
Having an experienced attorney represent you will certainly maximize your chances of prevailing in your lawsuit.
Consult a Skilled Medical Malpractice Attorney Today
At Baird Mandalas Brockstedt & Federico, LLC, our attorneys have extensive experience with many kinds of medical malpractice cases.
We know how difficult it can be. We want to help you get your life back in order.
Contact us today for a free consultation.
Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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