This video segment delves into the essential elements required to establish a successful medical malpractice claim, from solid evidence to an expert medical malpractice lawyer. Firstly, the injured party must demonstrate that a duty of care existed between the physician and themselves, established through a doctor-patient relationship. This relationship is discerned by affirmative actions taken by the physician in treating symptoms or prescribing a course of action. Secondly, the patient must prove the breach of this duty by showcasing the physician’s failure to meet the expected standard of care. The degree of care and skill anticipated of a reasonably prudent physician is a pivotal aspect, with state laws guiding the determination, often relying on expert testimony.
Thirdly, a causal link between the doctor’s conduct and the resulting injury must be established, encompassing both cause in fact and proximate cause. Cause in fact implies the injury wouldn’t have occurred without the doctor’s negligence, while proximate cause involves foreseeability. Lastly, the patient must demonstrate that the injury resulted in economic or physical harm. Three types of damages—compensatory, punitive, and exemplary, —are available in medical malpractice cases.
In a subsequent section, the video addresses the nuances of damages awarded in such cases and why a medical malpractice lawyer is important. Compensatory damages encompass out-of-pocket expenses, lost wages, and non-economic damages like pain and suffering. Calculating non-economic damages proves challenging due to their uncertain nature. Some states restrict the recovery of non-economic damages, and punitive damages are infrequently awarded due to their punitive nature. The plaintiff typically argues a deviation from the appropriate standard of care, holding the doctor legally responsible for causing harm to the patient.