3 Characteristics of a Successful Medical Malpractice Claim
Posted: Feb 06, 2017 2:11 PM
Everyone has the right to receive a certain standard of care when they visit a healthcare provider. Medicine is not a perfect science, though, and some illnesses or injuries do not respond to treatment; however, if a condition worsens because of a preventable mistake on the part of the provider, the patient may have a valid malpractice claim.
If you lost a loved one and believe the doctors or nurses were at least partially responsible for the death, your wrongful death attorney from the Law Office of Randolph C. Wood, PLLC may be able to help.
Our legal team has over 30 years of combined experience in the financial, legal and medical fields. Call 601-709-3584 to discuss your case with Randolph C. Wood, your Jackson medical malpractice lawyer today.
Let’s explore the three characteristics of a successful malpractice claim:
- A Breach in the Standard of Care
If your loved one goes in for a medical procedure and the outcome is unfavorable, that does not mean that medical malpractice occurred. In order for patients to have a successful malpractice claim, there must have been a breach of the standard of care.
According to a review originally published in the Western Journal of Emergency Medicine, the standard of care has evolved over the years and will continue changing as medical technology improves and the courts establish new legal precedents. In general, the standard of care refers to the actions that a competent provider in the same field would take in the same situation with the same resources at his or her disposal.
- A Resulting Injury
If a healthcare provider violates the standard of care, that is not enough to constitute a malpractice claim. In order to for the claim to be valid, an injury or illness must have occurred as a direct result of the provider’s negligence.
If your physician is negligent but you do not sustain any serious injuries, you will not have a valid claim. Additionally, if you sustain injuries or an illness during a procedure but there was no negligence on the part of your provider, it does not constitute medical malpractice.
- Significant Damages from the Injury
According to the American Board of Professional Liability Attorneys, medical malpractice lawsuits are incredibly expensive to litigate. They often require several expert witnesses and dozens of hours of depositions.
If you only sustained minor damages as a result of a physician’s negligence, it may not be worth pursuing a medical malpractice lawsuit at all. In order for a patient to have a successful malpractice suit, he or she must demonstrate that the injury resulted in some combination of significant medical bills, loss of income, disability and loss of quality of life, excessive hardship, and pain and suffering.
If you think you have a valid malpractice claim after sustaining injuries or an illness in a clinical setting, turn to a medical malpractice lawyer from the Law Office of Randolph C. Wood, PLLC. Call 601-709-3584 to schedule an initial consultation with Randolph C. Wood, your Jackson medical malpractice attorney.