If you suffered harm and other damages because of a negligent healthcare provider, you may have cause for winning a settlement through a medical malpractice lawsuit. However, the process of establishing liability is complex, and an unfavorable outcome is not necessarily malpractice.
The process of identifying negligent parties in a malpractice case in civil court is challenging, but it is also vital to proving fault and obtaining a settlement. Speaking to one of our hard-working and qualified medical malpractice attorneys at The Weitz Firm, LLC, can help you build a winning case.
What Is the Medical Provider’s Standard of Care?
The medical provider’s standard of care is a legal term used to determine liability in malpractice lawsuits. The term refers to the degree of care that a medical professional practicing in the same or similar fields of medicine would use in comparable circumstances.
It is the level of skill and knowledge expected from professional healthcare providers. Establishing negligence in this regard is the priority when pursuing a medical malpractice settlement from a healthcare professional.
Determining Liability and the Components of a Medical Malpractice Case
There are four primary components a claim must establish to win an award for damages:
Duty of Care
Healthcare professionals have a legal responsibility and duty to treat every patient with care, skill, and diligence. Malpractice laws measure this obligation by comparing the actions of potentially negligent professionals to those of another competent medical provider in a similar situation. Healthcare providers must aim to meet this standard and avoid causing harm.
Breach
A breach of duty of care means that the physician, nurse, or other certified medical professional failed to meet the expected standard in their profession and caused a patient harm. When a breach causes damage, the patient likely has grounds for legal action.
Causation
Causation describes the link between the healthcare provider’s negligence and the damages the patient sustained while in their care. A case must successfully establish the cause-and-effect relationship between the breach and the damages.
Damages
The last element necessary to win a malpractice case is damages, which refers to actual bodily harm as well as other damages, including emotional and psychological injuries and financial losses the patient sustained. Evidence of damages may include the patient’s medical history, bills from hospital stays and ongoing treatment, or expert testimony from a qualified healthcare professional.
The MCARE Act
The Medical Care Availability and Reduction of Error Act, or MCARE Act, establishes a specific fund to provide additional funds for those injured by preventable medical harm. The legislation helps to ensure that some patients injured from preventable errors receive fair compensation from negligent healthcare providers.
Speak to an Attorney To Learn More About Determining Negligent Parties in Malpractice Cases
Identifying negligent parties in a malpractice case is a key factor for winning an award for damages. Without establishing each essential component, there would be no grounds for obtaining compensation from the liable healthcare provider.
You have every right to pursue legal action and seek a settlement if a physician’s or other healthcare provider’s negligence caused you or a loved one harm. Contact one of our qualified medical malpractice lawyers to review your case and options.
