When you have been harmed by a doctor’s negligence or a physician’s
mistake, any resultingmedical malpractice claim you file can feel like an uphill battle from the start. Hospitals, medical
organizations, and individual medical practitioners are often backed by
powerful insurance companies that do not want to send a cent your way
if it can be helped. If you want to make things easier for yourself, you’ll
want to start your case off right by verifying your claim is valid in
the first place.
Four grounds that must be met for most medical malpractice cases are:
Doctor-patient relationship: First things first, was the doctor that caused your harm assigned to be
your doctor and you their patient? The existence of a doctor-patient relationship
establishes that you are trusting your health to that particular medical
professional, and that they have accepted your care as their duty. A doctor-patient
relationship might not exist if you are rushed into an emergency room
and whatever surgeon is on staff must attend to you.
Breach of standard care: All professionals within the medical field need to undergo extensive training
for their positions, including nurses, doctors, pharmacists, and so on.
A key component of medical malpractice claims that are successful is being
able to show that the physician deviated from what has been deemed the
acceptable procedure or protocol, or what they should have known was safe
due to their schooling. Some breaches are intentional – like trying
a new surgical method without approval – and others are accidental
– like operating on the wrong patient or limb entirely.
Probable causation: Next, there will need to be grounds that show this deviation from normal
routine caused you to experience harm, pain, or suffering. The connection
between your injury and the event must only be “casual”, meaning
it “probably” happened based on evidence presented. This is
a lower legal standard than other types of claims or cases, such as “beyond
a reasonable doubt” in criminal cases.
Actual damages: Lastly, the harm that has been inflicted upon you by a negligent medical
professional must actually cause you to incur some sort of financial damages.
Medical costs and lost wages as a result of your injury are damages that
can be easy to calculate, while emotional trauma and lowered standard
of living are understandably more difficult. Essentially, this last requirement
is meant to keep frivolous lawsuits from arising, such as trying to sue
a doctor for a giving you a temporary bruise on your knee after testing
If all four grounds for a medical malpractice claim are met, you probably
have a fairly solid case on your hands. If you aren’t sure if you’ve
met all four grounds, don’t worry – you don’t have to
go through this process alone. Christian & Davis LLC can provide you
with the necessary legal guidance, support, and representation to take
your claim to the next level and ensure it is properly crafted. Our Greenville
medical malpractice attorneys have been helping clients since 1975 and
have nearly a century’s worth of total legal experience. See what
that caliber of service can do for your case by
contacting us today and setting up a